How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56079
Experience:  Licensed attorney helping employers and employees.
11313492
Type Your Employment Law Question Here...
Infolawyer is online now
A new question is answered every 9 seconds

I am a private individual who pays a care giver. I pay her

This answer was rated:

I am a private individual who pays a care giver. I pay her time and a half for anything over 40 hrs. I I pay her in advance for 44 hrs and she only works the 40hrs. How many hours does she owe 4 or 12?
Barbara

Daniel :

Hello,

Daniel :

from what you mentioned it would be 4 hours

Daniel :

for the 4 hours not worked

Daniel :

If you paid at overtime rate for those extra hours that needs to be returned

Daniel :

since those hours not worked

Customer:

but I paid her for 12.

Daniel :

You said you paid 44 rather than 40

Daniel :

where worked 40

Daniel :

where is the 12 coming in?

Daniel :

if you paid for 12 on 8 hour day, and worked 8, then 4 is due

Daniel :

if you paid for 52 where worked 40, 12 is due

Daniel :

the hours paid and not worked is what would be due back to you

Customer:

oops Daniel, I paid her for 6 not 12

Customer:

Daniel, are u there?

Daniel :

I am here

Daniel :

how many total over 40?

Daniel :

You are entitled for those hours not worked over 40 for the week

Customer:

So she could either pay in 6hrs of time or pay me back the money?

Daniel :

right

Daniel :

easier with time

Daniel :

and avoids issues

Daniel :

I wish you the best.

Daniel :

Do not deduct from her future pay though

Daniel :

to avoid labor board entanglements

Daniel :

Good luck

Daniel :

Kindly click on an excellent rating for the answer.

Daniel :

are you there?

Customer:

thank you Daniel for your time.

Infolawyer and other Employment Law Specialists are ready to help you

Related Employment Law Questions