New York, NY asked in Employment Law for New York

Q: Is it legal to make workers to work multiple ghost kitchens without asking a member

I work at a small company restaurant it gets really busy sometimes and we are severely underpaid and overworked they have less than 20 locations open and are opening multiple ghost kitchens out of a store on multiple platforms we have in house restaurant delivery for a store in 6 platforms along with 2 ghost kitchens on 2 delivery platforms each and 2 more ghost kitchens being planned we were never asked to work those kitchen and were not given any raise other than the mandatory state wage and a $1 raise for working through the COVID pandemic but the raise will be taken off once everything is back in motion

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Tarrytown, NY
  • Licensed in New York

A: Forced labor would be slavery. That is illegal.

Few food service workers belong to unions. But that might change. Contact the NLRB if you wish to organize. Otherwise you are "at will."

"At will" employees can find new jobs and leave. Their employers can replace them without a reason and fire them.

Many of us are leaving delivery persons and carry out places large tips since we eat out less often and want our favorite eateries to stay open.

OSHA workplace safety rules are required suggestions. Private citizens have no right of action other than maybe a work comp claim if you are injured or develop an occupational illness or disease from work. Same thing goes for food safety where we rely on sheer hope that our food is safe.

Confidentially look for a better job. After you land one with a written offer leave this one.

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