Regarding hours

UPDATED: Oct 1, 2022

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Regarding hours

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 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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