I run a restaurant and getting good help is still a huge problem. Can I require my existing employees to work longer hours? We currently have 8 hour shifts but we would like to expand them to 10 hours until we find more help.
Getting a good restaurant reservation is still a huge problem, too… As a starter, I offer the very nice news that yes, you can require an expanded shift from 8 hours to 10. For the main point, I pair that fact with the lovely news that expanding the shift does not necessarily trigger overtime pay — which is one and a half times the worker’s regular rate of pay — since overtime in New York is calculated on weekly hours worked in excess of 40. May I finish off this three course advice with a little more “cheese” as in a lovely Italian cheesecake drizzled with warm raspberry compote. Bon appetit.
An employee at my firm recently resigned and gave three weeks notice, saying that she wants to give me as much time as possible to find a replacement for her job. I think the real reason she gave three weeks is because that takes her last day to the end of the month, when we pay out the bonuses. I am happy that she is leaving, so am I obligated to pay her for those three weeks and her bonus?
There are potentially two different answers, but firstly, unless there is a written policy that states otherwise, you are under no obligation to accept a resigning employee’s offer of a notice period. You can ask them to leave the same day that they give notice and just pay them through that day. As for the bonus, that depends on how the bonus plan is written. In some plans the bonus is earned regardless of current employment status, and as such it must be paid in full or in part whenever an employee leaves. In others, the person must be actively employed on the day bonuses are paid in order to receive the money.
Gregory Giangrande has over 25 years of experience as a chief human resources executive. Hear Greg Weds. at 9:35 a.m. on iHeartRadio 710 WOR with Len Berman and Michael Riedel. E-mail: GoToGreg@NYPost.com. Follow: GoToGreg.com and on Twitter: @GregGiangrande
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