General employee duties, benefits and rights
As an employee you have rights based on the governing labor laws. While these may change time to time you can always review your rights directly with the Department of Labor. Detailed information is available at: http://www.labor.state.ny.us/ and at: http://www.labor.state.ny.us/formsdocs/wp/PART142s.pdf
There you can review information about wages, rights, protection, injuries, disability, workman’s compensation as well as unemployment benefits. You can also review general information at posters available at your employment location as well as online at: http://www.mybodhi.com/4-employees.html
Should you have any questions or concerns about your employment or contracting you are encouraged to ask questions and discuss the matter at any time.
Furthermore general information about employee rights and protection is available at:
http://www.labor.state.ny.us/workerprotection/wp_index.shtm
General information about work related /labor standards is available at:
http://www.labor.state.ny.us/workerprotection/laborstandards/labor_standards.shtm
http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm
you can also learn about your rights at from posters at our office. Some of the required posters are also available at: http://www.labor.state.ny.us/workerprotection/laborstandards/employer/posters.shtm
Breaks and meal time: Each employee has in general right to at least 30 minutes break/meal time during 8 hour shift.
For details and more information regarding your rights please visit:
http://www.labor.state.ny.us/workerprotection/laborstandards/employer/meals.shtm and review the law section below: Section 162 of the New York State Labor Law provides as follows: Time allowed for meals
Every person employed in or in connection with a factory shall be allowed at least sixty minutes for the noonday meal.
Every person employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of this chapter shall be allowed at least thirty minutes for the noonday meal, except as in this chapter otherwise provided. The noon day meal period is recognized as extending from eleven o'clock in the morning to two o'clock in the afternoon. An employee who works a shift of more than six hours which extends over the noonday meal period is entitled to at least thirty minutes off within that period for the meal period.
Every person employed for a period or shift starting before eleven o'clock in the morning and continuing later than seven o'clock in the evening shall be allowed an additional meal period of at least twenty minutes between five and seven o'clock in the evening.
Every person employed for a period or shift of more than six hours starting between the hours of one o'clock in the afternoon and six o'clock in the morning, shall be allowed at least sixty minutes for a meal period when employed in or in connection with a factory, and forty-five minutes for a meal period when employed in or in connection with a mercantile or other establishment or occupation coming under the provision of this chapter, at a time midway between the beginning and end of such employment.
End o shift -At the end of your shift, after you completed any cleaning and preparations for the next day, you must leave premises of the facility.
Overtime-In general an employee is entitled for additional overtime pay of additional 50% of his/her hourly wage for each over time hour. Overtime is defined as work over 40 hours of work /per week including meal/break time. ( for definitions –see below).
§ 142-2.2 Overtime rate.
An employer shall pay an employee for overtime at a wage rate of 1 ½ times the employee's regular rate in the manner and methods provided in and subject to the exemptions of sections 7 and 13 of 29 USC 201 et seq., the Fair Labor Standards Act of 1938, as amended, provided, however, that the exemptions set forth in section 13(a)(2) and (a)(4) shall not apply. In addition, an employer shall pay employees subject to the exemptions of section 13 of the Fair Labor Standards Act, as amended, except employees subject to section 13(a)(2) and (a)(4) of such act, overtime at a wage rate of 1 ½ times the basic minimum hourly rate. The Fair Labor Standards Act is published in the United States Code, the official compilation of Federal statutes, by the Government Printing Office, Washington, DC. Copies of the Fair Labor Standards Act are available at the following office:
New York State Department of Labor
Counsel's Office
State Office Building Campus,
Building 12, Room 509
Albany, NY 12240-0005
The applicable overtime rate shall be paid for each workweek:
Non-residential employees Residential employees
For working time over 40 hours 44 hours
Call in Pay.
Should an employee be requested to come to work on any day she/he will be paid according to the call-in pay
Guidelines.
§ 142-2.3 Call-in pay.
An employee who by request or permission of the employer reports for work on any day shall be paid for at least four hours, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage.
Split shift or spread of hours work.
Employees in a split shift duty and or asked to work extended hours will be also paid according to the below guidelines.
§ 142-2.4 Additional rate for split shift and spread of hours.
An employee shall receive one hour's pay at the basic minimum hourly wage rate, in addition to the minimum wage required in this Part for any day in which:
(a) the spread of hours exceeds 10 hours; or
(b) there is a split shift; or
(c) both situations occur.
§ 142-2.17 Split shift.
A split shift is a schedule of daily hours in which the working hours required or permitted are not consecutive. No meal period
§ 142-2.18 Spread of hours.
The spread of hours is the interval between the beginning and end of an employee's workday. The spread of hours for any day includes working time plus time off for meals plus intervals off duty.
Employee benefits:
Each employee is entitled according to governing labor laws to set of benefits and protections.
Disability-Each employee is entitled for disability benefits according to the NYS employment law. Please refer to
http://www.labor.state.ny.us/workerprotection/wp_index.shtm
Injuries- Injuries of any kind must be immediately reported to management. An accident report must be filled for any injury of any kind. For more information about safety and job related injuries please also refer to:
http://www.labor.state.ny.us/formsdocs/wp/sh908.pdf
Workman’s compensation: As an employee should you be injured at work your are entitled to workman’s compensation. For more information please also visit:
http://www.labor.state.ny.us/workerprotection/laborstandards/workprot/workcomp.shtm
Vacation / holidays
Vacation – In general all vacation time is unpaid. Bodhi Medical Care does no currently employ a vacation policy for non-management or non-medical provider employees. All vacation time taken for non-management employees will be unpaid. Management or medical provider vacation policy may be decided individually upon hiring but in general is considered unpaid.
Holidays - Bodhi Medical care is open for most holidays excluding Christmas Day. Most likely there will be a holiday aside from Christmas that we do close, but this will be communicated to you by your manager. Therefore, you will most likely be required to work other holidays. If you work during holidays you will be paid or regular pay or overtime if you meet general overtime requirements. If you don’t work, holidays are unpaid.
Educational or other benefits
At present Bodhi Medical Care, LLC does not provide educational benefits to its employees.
Health benefits
At present Bodhi Medical Care, LLC does not provide health benefits to its employees.
|