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work week vs pay period and hourly employee OT New York

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  • work week vs pay period and hourly employee OT New York

    I am at my wits end with our finance person who does our payroll. I have an hourly non exempt staff member who may have to work late on a friday. Our pay period is bi weekly and starts on a saturday. so in this case, if she has to work late on a friday, it would be the end of a week, and might incurr OT I am telling her to come in late on friday to offset the possibility that she will work late and run into OT.

    Finance person is saying not to worry b/c the pay period is 2 weeks. I am saying that OT is calculated on a weekly basis and especially since our pay week ends on a saturday there is no flex room in the week she is workign,

    She is telling me she has written labor laws with attorneys but I have caught her in serveral labor related mistakes. I sent her this : AM I MISSING SOMETHING??? AM I CORRECT?

    From the DOL website:
    What is a “workweek”?

    The State overtime requirements apply on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours. That means 7 consecutive 24-hour periods that need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be set for different employees or groups of employees. For example, a retail employer may use a Saturday to Friday workweek for its sales staff but use a Monday through Sunday workweek for managerial staff. Averaging of hours over two or more weeks is not permitted. For example, an employer cannot average a 50 hour workweek with a 30 hour workweek to equal a 40 hour workweek to avoid the overtime requirements.

  • #2
    You are likely correct. There is an industry specific exception in the health care industry, but other then that, you are correctly citing the general rule.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Your finance person may know finance but it is unlikely he/she knows payroll, as that's not generally taught in colleges as a separate course. Your finance person needs to read the DOL regulations as well as the IRS regulations on payroll if they are to become competent in payroll.

      But, for things like this where they insist they are right in the face of actual DOL regs, have them show you the actual regulation they're insisting on. Until then, have them do it correctly per the data you've got.


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