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Day of Rest, New York (Employment & Labor Law)

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• Sat, 12 Sep 2009 11:02:00 GMT(1)
• I might just go ahead & add this:
  169. One day of rest for certain state employees. Every person
  employed by the state, upon its canal system in the maintenance or
  operation of bridges, locks or other works or structures which are part
  of such system, shall be allowed and permitted a period of at least
  twenty-four consecutive hours of rest in each calendar week. No person
  shall, by reason of the provisions of this section, receive any
  reduction in the total weekly compensation paid him.
  
  Last modified: July 30, 2006
• Sat, 12 Sep 2009 13:49:00 GMT(2)
• There is no law mandating that your employer use a Sunday through Saturday week. Any consistant seven-day period is a calendar week. They could use Wednesday through Tuesday and as long as they were consistant, it would be legal.
• Sat, 12 Sep 2009 11:21:00 GMT(3)
• New York --Can your employer require you to work 7 days consecutively? Yes.
  
  If we do work both days of the weekend, it will be 12 consecutive days.
  
  Legal.
  Week one: off Sunday, work Monday, Tuesday, Wednesday, Thursday, Friday, Saturday
  
  Week two: Work Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, off Saturday
  
  You are still getting off at least twenty-four consecutive hours of rest in each calendar week.
• Sat, 12 Sep 2009 10:59:00 GMT(4)
• New York:
  161. One day rest in seven. 1. Every employer operating a factory,
  mercantile establishment, hotel, restaurant, or freight or passenger
  elevator in any building or place shall, except as herein otherwise
  provided, allow every person employed in such establishment or in the
  care, custody or operation of any such elevator, ***at least twenty-four
  consecutive hours of rest in any calendar week.*** Every employer operating
  a place in which motion pictures are shown shall allow the projectionist
  or operator of the motion picture machine and engineers and firemen
  therein at least twenty-four consecutive hours of rest in any calendar
  week. Every employer operating a place in which legitimate theatre
  productions such as dramatic and musical productions are shown or
  exhibited shall allow all employees, including the performers in the
  cast therein and engineers and firemen, at least twenty-four consecutive
  hours of rest in each and every calendar week, but this shall not apply
  to any place wherein motion pictures, vaudeville or incidental stage
  presentations or a combination thereof are regularly given throughout
  the week as the established policy of such place; except that engineers
  and firemen employed in such place shall be allowed at least twenty-four
  consecutive hours of rest in any calendar week. No employer shall
  operate such establishment, place or elevator on Sunday unless he shall
  comply with subdivision three. This section does not authorize any work
  on Sunday not permitted now or hereafter by law.
  Every owner, lessee and operator of a dwelling, apartment, loft and
  office building, garage, storage place and building, wherein or whereat
  a watchman or watchmen or engineer or fireman are employed, shall allow
  such person or persons so employed at least twenty-four consecutive
  hours of rest in each and every calendar week.
  Every owner, lessee or operator of a warehouse, storagehouse, office,
  dwelling, apartment, loft and any other building or structure wherein a
  janitor, superintendent, supervisor or manager or engineer or fireman is
  employed, shall allow such person or persons so employed at least
  twenty-four consecutive hours of rest in each and every calendar week.
  2. This section shall not apply to:
  a. Foreman in charge;
  b. Employees in dairies, creameries, milk condenseries, milk powder
  factories, milk sugar factories, milk shipping stations, butter and
  cheese factories, ice cream manufacturing plants and milk bottling
  plants, where not more than seven persons are employed;
  c. Employees, if the board in its discretion approves, engaged in an
  industrial or manufacturing process necessarily continuous, in which no
  employee is permitted to work more than eight hours in any calendar day;
  d. Employees whose duties include not more than three hours' work on
  Sunday in setting sponges in bakeries, caring for live animals,
  maintaining fires, or making necessary repairs to boilers or machinery.
  e. Employees in resort or seasonal hotels and restaurants in rural
  communities and in cities and villages having a population of less than
  fifteen thousand inhabitants, excluding that portion of the population
  of a third class city residing outside of its corporation tax district
  where such city embraces the entire area of a former township. As used
  in this subdivision, the term "resort" shall apply to any establishment
  enumerated herein which operates for not more than four calendar months
  and fifteen days in each year, and the term "seasonal" shall apply to
  any establishment enumerated herein in which the number of employees is
  increased by at least one hundred per cent from the slack to the busiest
  season.
  f. Employees in dry dock plants engaged in making repairs to ships.
  3. Before operating on Sunday, every employer shall designate a day of
  rest, consisting of at least twenty-four consecutive hours of rest in
  each and every calendar week for each employee, and shall notify each
  employee in advance of his or her designated day of rest. No employee
  shall be permitted to work on his designated day of rest.
  4. Every employer shall keep a time book showing the names and
  addresses of his employees and the hours worked by each of them in each
  day.
  5. If there shall be practical difficulties or unnecessary hardship in
  carrying out the provisions of this section or the rules promulgated
  hereunder, the commissioner may make a variation therefrom if the spirit
  of the act be observed and substantial justice done. Such variation
  shall describe the conditions under which it shall be permitted and
  shall apply to substantially similar conditions. A properly indexed
  record of variations shall be kept by the department. Each application
  for a variation shall be accompanied by a non-refundable fee of forty
  dollars.
  6. In case of violation of any of the provisions of this section, the
  commissioner shall issue an order directing compliance therewith, and
  upon failure so to comply shall commence a prosecution as provided by
  law.
  
  Last modified: July 30, 2006
• Sat, 12 Sep 2009 11:46:00 GMT(5)
• Thank you for the quick reply.
  
  My schedule actually goes like this:
  
  Work: Sunday-Mon-Tues-Wed-Thurs-Fri-Sat-Sun-Mon-Tues-Wed-Thurs Off: Friday. The first day off was actually the saturday before the first Sunday of the 12-day period.
  
  Our company (I work in retail, btw) creates schedules from Saturday to Friday. Since "Calendar week" generally refers to a Sunday through Saturday week, does this change things? Or can the "calendar week" specified in the law be applied to any week-long period the employer uses to schedule?
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