Threat to fire me if I don't work overtime

[longhon]

I work in New York City and work as an hourly worker in the restaurant industry. I was told that I need to increase my hours. I don't get paid a lot and I really value my weekends. They want me to work 6 days a week by having an alternating Saturday or Sunday two times per month, 10 hours a day during the summer. They said they cannot afford to pay me overtime so it is the same lousy pay but just more hours and beginning this week. If I would have known I would have tried to find another job so it's really tough at the moment. If I say no, can they just fire me? If I agree because I need the money right now and they know I can't find a job on short notice, is it illegal for them not to pay me overtime wages?

 

[cbg]

It is legal for them to increase your hours. It is legal for them to fire you if you refuse to work more hours.

If you work more than 40 hours in a week, they MUST pay you overtime. However, NY is not one of the three states which has daily overtime, so working ten hours a day is not enough in and of itself to make the time overtime eligible; only if it puts you over 40 for the week.

 

[Betty3]

Agree with cbg. Here is a link to a wage claim form for New York DOL if your employer *does not* pay you overtime when it is required. (worked over 40 hrs. in work week) Read the form for information & instructions.

https://labor.ny.gov/formsdocs/wp/LS223.PDF