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LawTalk, Attorney
Category: Legal
Satisfied Customers: 35404
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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# Basically what I'm trying to do is to take a daily rate of

### Customer Question

Basically what I’m trying to do is to take a daily rate of 145.00 and split it daily to 8 regular hours and 5 OT hours to amount to the same daily rate as follows?
8 10.00 80.00 Daily Regular hours
5 13.13 65.63 Daily OT hours
Total 145.63 Total daily
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. As NY does not require overtime for more than 40 hours per week, are you saying that your employee will work 13 hour shifts 5 days a week?
Doug
Customer: replied 1 year ago.
yes sir. the end of the week its cheaper if i can do it this way instead of paying daily and after 3 days (39 hours) start paying OT rate which s in NY 13.13
Expert:  LawTalk replied 1 year ago.
The way the math works is that the closest you can get to \$145.00 a day would be to pay a wage of \$9.36 per hour.
That gives you:
8 x \$9.36 = \$74.88
5 x \$14.04 = \$70.20
For a total daily amount of \$145.08. Unless you used partial cents in the wage, you couldn't get any closer to the \$145.00 mark.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
My question is and i allowed to pay the employees with this calculation, or im required by law to pay the 4 hours straight pay and thereafter pay the ot rate
Expert:  LawTalk replied 1 year ago.
Are you paying your employees daily, weekly, bi-weekly?
Expert:  LawTalk replied 1 year ago.
Hi,
I'm trying to understand how you believe it is less expensive to calculate the employee wages at 8 hours straight time and 5 hours overtime each day as opposed to 40 regular hours per week and an additional 25 hours overtime.
Regardless of how you do the math, the cost to you is the same---unless an employee misses a day or more a week, in which case, you will be cheating yourself. You see, if you calculate and/or pay daily, an employee who only works 4 shifts in a week because they are sick or take a day off will get overtime pay that they didn't earn. Let me explain:
Using the 40 hours straight time first, an employee working just 4 days would get 40 hours straight time and 12 hours overtime.
But if you calculate or pay daily, that same employee will still work just 52 hours but for those four days of the week, you will have paid them for 20 hours of overtime. This is a large loss for you if this happens very often.
But yes, there would be no violation of law for you to calculate or pay the employee in this manner you are suggesting.
Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.
If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.
I wish you well,
Doug