QUESTION

how to pay for unpaid OT?

Asked on Oct 24th, 2014 on Labor and Employment - New York
More details to this question:
if employee got paid 100% of hourly rate instead of 150% for OT, what is the correct calculation of paying back what is owed to them?
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1 ANSWER

Employment Law Attorney serving New York, NY
1 Award
The answer is a little complicated, but generally speaking, the amount you were paid is spread over the number of hours you worked (regular and OT) and divided to get the average - and that is your hourly rate, what is then owed is the 1/2 that was not paid for every hour of OT worked.  This answer may change if you have a contract or something in writting as to your hourly rate.  Again, it is more complicated than that and you should contact an attorney as soon as possible becuase there are various time limitation that may pertain to your case under the different Federal snd State laws.
Answered on Oct 26th, 2014 at 7:24 AM

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