What is the law regarding OT?

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What is the law regarding OT?

If it is mandatory to 4 hours of OT in a week due to volume, and then we are offered early release of 2 hours on a Friday, which is supposed to be paid, but will cause the employee to lose 2 hours of OT they worked, is this allowed? If any employee has not worked any OT they will essentially work 38 hours and then get paid for 40, but for those working 4 hour OT, we will be paid 42 hours at normal rate and only 2 hours OT rate for a total of 44 hours paid only 2 of them at 1.5. It seems like they want to avoid paying the extra OT now that we have met our goals for the week.

Asked on May 24, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You appear to understand the situation correctly: if you work 42 hours and have 2 hours of paid non-work time, you will be paid for 44 hours, but only 2 hours are at the overtime rate. Only actual work hours, not other paid hours (e.g. comp time, vacation days, sick leave, holidays, etc.) count for overtime. You are probably right about why they want to do this, but it is legal to do so.


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