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I work for dental office front desk insurance I work 40 hours a week and want to work 5 more hours but my employer does not want to pay overtime and I just want regular pay I don’t want to become salary and benefits committed to work over 40 hours every week is there anyway to avoid time and half my employer does not want to get sued.
Asked on July 17, 2018 under Employment Labor Law, New York
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
No, if you are an hourly employee (or a salaried employee who does not meet all the criteria for exemption from overtime, for that matter), you MUST be paid time and a half (overtime) when working more than 40 hours a week; the law (e.g. the Fair Labor Standards Act or FLSA) is very clear about that. There is no legal way to not pay overtime. The best you and your employer could do is reduce your hourly wage somewhat so that if you work five more overtime hours, your weekly earnings come out to where you want them. For example, say you currently earning $18.00 per hour and work 40 hours, or $720/week. You want to be able to earn $810 per week, the equivalent of 45 hours at straight time, and your employer is willing to pay that. If you reduced your hourly rate to $15.50/hour and worked 40 hours straight time and 5 hours overtime, you'd earn $813.75 per week, or just barely over the target of $810.00.
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