Does an Employement Handbook in NYS trump State / Federal Law?
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Does an Employement Handbook in NYS trump State / Federal Law?
I work in NYS as a salaried employee, as an IT executive, where I put in a lot
of overtime.
It was my understanding that if I work 2 hours for a day or 24 hours for a day
that I get the same pay for that day, which is fine, no issues with that.
However, the company handbook says, that if I take time off during part of a
day, say I went home sick in the middle of the day, and I don’t have any
accrued time, that I can be docked pay.
That seems counter to the law of a salaried employee.
Please help.
Asked on February 6, 2017 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A company handbook is subject to the law, either federal or state. Further, as a salaried employee you are not subject to the law as it regards overtime (and of which you seem to be aware). Finally, as to yousing your accrued vacation time, since such time is not legally mandated, to the extent that an employer provides it, it has a great deal of say over when and how it is used. This is so long as there exists no union agreement or employment contract that provides otherwise. Bottom line, in an "at will" work relationship, a company can set the conditions of the workplace much as it sees fit (absent any form of legally actionable discrimination).
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The employment handbook must comply with state and federal law.
If there is a conflict between the employment handbook and state law, state law prevails.
If there is a conflict between the employment handbook and federal law, federal law prevails.
If there is a conflict between state law and federal law, federal law prevails.
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