Help Wanted: Giving back pay for storm days

First, since you are nonexempt, which generally means hourly, your employer has to pay you for all the hours you work, even if the district considers the unpaid days an even exchange for the storm pay, Roberts noted.

"Even if the superstorm Sandy pay was intended to be an advance against future wages, an employer cannot require an employee to work without pay to offset the outstanding balance," he said.

Secondly, by asking you to work without pay to recoup its money, your employer could be making what is tantamount to a wage deduction, Roberts said. Although recent changes to state labor law regarding deductions make it easier for employers to recoup salary advances, the regulations remain "quite restrictive regarding what deductions are allowed and the procedures under which allowable deductions may be taken," Roberts said.

The new provisions, for example, require employers to notify employees of the deductions ahead of time and to inform them about procedures for disputing the repayment amounts.

As to whether your co-worker who was called in should have earned extra money, that depends.

SEE PHOTOSAerial views of Sandy damage

If the storm pay you received covered all the hours missed, then she doesn't have to be paid extra, Roberts said. But if the pay was a lump sum, regardless of hours worked, "then the employee should receive an additional day's pay," he said.

As for risking life and limb in the aftermath of Sandy, she might not qualify for extra pay.

"Unless there is a handbook policy or collective bargaining agreement that mandates hazard pay, then the employee does not have to be paid an enhanced rate of pay," Roberts said.

SEE PHOTOSSandy's impact on Long Island

For more on amendments to state wage-deduction regulations go to http://bit.ly/13iuv7E. For more on paid-time off and state labor law go to http://bit.ly/AkPTqT.