One Day off in Seven Law and Overtime- New York

[PearlyBaker]

New York

My husband is a salaried executive chef for an off premise catering company. He's expected to be available to work 24/7 (besides when on vacation). Does the The "One Day off in Seven Law" apply to him as it does with restaurant workers? If so does the day off need to be the same day each week?

Second part to my question... he's a salaried employee often working 15+ hour days 7 days per week. Is this legal and is there anyway he could be eligible for overtime?

 

[FlyingRon]

First off, it matters not if they pay him hourly or salary. It matters if his job duties put him into the exempt category. Given the tern "executive chef" it sounds like he is in a supervisory role and may well be exempt. In that case, yes, they can tell him to work 15+ hour days and they don't have to give him any extra.

The 1/7 rule applies only on days he actually works, not just days he's supposed to be "available." Even so, I don't believe the rule applies to off premise catering. Had he worked in a restaurant the rules would be different.

 

[eerelations]

(Side note: when I was an exempt employee - most of my career, think 30 years - I was expected to be available for work 24/7 including when I was on vacation, and this was - and still is - perfectly legal. Your husband is actually lucky that he's not expected to be available for work while he's on vacation.)