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Category: Employment Law
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I am a private individual who pays a care giver. I pay her

Resolved Question:

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
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

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, Lawyer
Category: Employment Law
Satisfied Customers: 50943
Experience: Licensed attorney helping employers and employees.
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