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An exempt employee in New York is someone who is not entitled to receive overtime pay and is exempt from the minimum wage requirements because they meet certain qualifications under the Fair Labor Standards Act (FLSA).
When an exempt employee is on call, it means they are required to be available outside of their regular working hours to handle work-related matters if necessary.
No, generally, exempt employees in New York do not receive additional pay for being on call, unless there is a specific agreement or policy in place that states otherwise.
Yes, employers have the right to require exempt employees to be on call if it is necessary for the job or industry. However, employers should ensure that on-call expectations are reasonable and comply with the law.
While an employer can require an exempt employee to be on call, they cannot exert excessive control over the employee's free time. Exempt employees must have significant freedom in using on-call time for personal purposes.
Exempt employees typically do not have the right to refuse on-call duties, as it is an essential part of their job responsibilities. Refusing on-call duties may result in disciplinary action or even termination, depending on the circumstances.
Exempt employees, in general, are not entitled to additional compensation for on-call time. However, if an exempt employee's on-call duties severely disrupt their personal life or restrict their ability to engage in personal activities, exceptions might apply.
An employer cannot unilaterally change an employee's exempt status to non-exempt solely for on-call purposes. Exempt status is determined by job duties and salary basis, not by on-call responsibilities.
While exempt employees are generally not entitled to on-call pay in New York, exceptions might arise if there are specific contractual agreements, collective bargaining agreements, or industry-specific regulations that require compensation for on-call time.
If an exempt employee believes they are not being correctly compensated for on-call time, they should consult with an employment attorney or file a complaint with the New York State Department of Labor to address the issue.
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