Posting this on behalf of my close friend — here's the gist:
He started a new job last month as a floor manager at a restaurant in NYC. Signed a contract at a salary that makes him exempt from overtime. However, owners/bosses have since shared that as a manager, he is required to work 6 shifts per week, totaling a minimum of 55 hours per week.
Gonna say this again for emphasis: MINIMUM OF 55 HOURS PER WEEK.
This 6 shift requirement is not stated anywhere in the paperwork he signed, but is apparently the rule at this business. This week, he is scheduled for a total of 62 hours, including double shifts where he will be working upwards of 12 hours in the day. He's sat down with the bosses on two occasions now to explain that he can not mentally or physically handle that many hours every single week, and they have not been receptive. I've been poring over city, state, and federal labor law paperwork to give him some ammunition on how to combat this extremely inhumane level of work each week, but because he is in an “exempt” role I'm having difficulty. Best I could find was additional compensation requirements on days where the “hours spread” exceeds 10.5 hours (which does happen regularly).
If anyone has any experience when it comes to negotiating hours in a restaurant management role, or can share any quotes from laws or legal documents that he can lean on, you'd be doing a great person a huge favor.