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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53847
Experience:  Licensed attorney helping employers and employees.
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If employee actually works 40 hours per week and we pay m /2

Customer Question

if employee actually works 40 hours per week and we pay him for 1/2 hour lunch time every day which is taken not working. This results in him being paid for 42.5 hours.
Are we required to pay the 2.5hours time and a half or all can be at regular rate?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

You dont need to pay for the lunch period. If you choose to do so that is not time worked, and its more of a stipend or meal allowance. You def do not need to pay time and a half for the lunch period. Make sure to keep good records of hours worked as there is more enforcement in recent years in NY. I am in NY. Kindly rate me positively.