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over time question New York

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  • over time question New York

    If an employer says that Saturday is a normal business day ,but has to put you on a on call schedule to work that day . Is it really a normally business day or is it overtime? He gives you a weekday off when you work a Saturday,But the day off is never scheduled,its just by the way your off tomorrow. Sometimes theirs no one in the office on Saturday,they dispatch from home just like when the office is closed and call it a normally work day but it isn't .Should i be getting O/T in any of these situations?

  • #2
    Assuming you are a non-exempt (hourly paid) employee, you must be paid OT whenever you work more than 40 hours in any 7-day payroll period. Which day of the week you work is irrelevant.


    • #3
      There are no laws in any state that require an employer to pay overtime just because it is Saturday. If the work that you do on Saturday brings you to over 40 hours, it is overtime. If it does not, it isn't.

      Plenty of people work Saturday as a matter of course. Retail sales workers, airline, restaurant and hotel employees, taxi drivers. Saturday is just another work day as far as the law is concerned.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        Originally posted by plumer174 View Post
        Should i be getting O/T in any of these situations?
        All days can be normal business days. Even if a business does not normally work on weekends, employees can be required to work on weekends, if someone in authority decides that it needs to be done.

        You get paid overtime only if you work more than 40 hours in whatever your employer has defined as your work week.

        It is certainly incovenient to be called in on a day off, but not illegal (ever, unless you have a contract that makes it so) and not overtime UNLESS you work more than 40 hours in the work week.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


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