Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Basically what I'm trying to do is to take a daily rate of

Customer Question
Basically what I’m trying to...
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: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
6/29/2015
Lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,855
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
Verified
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
Ask Your Own Legal Question
Customer reply replied 2 years 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
Lawyer: LawTalk, Attorney replied 2 years ago
Thanks for the additional information.
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.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
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
Ask Your Own Legal Question
Customer reply replied 2 years 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
Lawyer: LawTalk, Attorney replied 2 years ago
Are you paying your employees daily, weekly, bi-weekly?
Ask Your Own Legal Question
Lawyer: LawTalk, Attorney replied 2 years 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
Ask Your Own Legal Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,855
37,855 Satisfied Customers
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
If a business owner knows his employees are using and
If a business owner knows his employees are using and selling illegal drugs on his property and doesnt report it to the authorities can he be held liable? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Do you have to pay overtime to salaried office employees -
Do you have to pay overtime to salaried office employees - if they choose to do it without pre-approval … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
We have an employee that was injured at work last October
We have an employee that was injured at work last October and has been out ever since...receiving Workers Compensation benefits. We have continued her medical and dental benefits the past year, but no… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
There is an Employee Code of Conduct for all public
There is an Employee Code of Conduct for all public employees at a university. Additional code or rules usually exist for specific categories of employees, such as supervisors. An example of such rule… read more
Pedagogical Esq.
Pedagogical Esq.
Juris Doctorate
1 satisfied customers
Can overtime pay be with held at employees request and paid
Can overtime pay be with held at employees request and paid on next pay? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I am an employee at a day care center who an employee took
I am an employee at a day care center who an employee took out a loan using the center as a co signer the payments got behind and the person failed to notify the center and now the loaner has frozen t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I'm a professional employee in the state of California. I
Hi! I'm a professional employee in the state of California. I signed an employment contract that states my bonus is earned Jan 1 - Dec 31st but I need to stay employed with the company until March 1st… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
We had a W2 employee who was working officially in FL. He
We had a W2 employee who was working officially in FL. He moved to Ohio. What are Ohio specific employment laws and would you recommend doing them for one person working from home there or to use a st… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
I received an interrogatory for a terminated employee. The
I received an interrogatory for a terminated employee. The interrogatory does not request a termination date however the attorney called to ask for the date of termination. Do I release the informatio… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
Can I work a employee for consecutive days without a off day
can I work a employee for consecutive days without a off day simply because we were overwhelmed with work. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
We have a per diem employee who works more than 8 hours 2
we have a per diem employee who works more than 8 hours 2 days a week---are we required to add the sick time and the over time if we have a signed employment agreement that says otherwise. And we are … read more
KJL LAW
KJL LAW
Juris Doctorate
1,623 satisfied customers
If an employee begins working for a few days, then the
Hi! If an employee begins working for a few days, then the background comes back failed due to a reason that doesn't qualify him/her hire-able, are they protected under ban the box because they have a… read more
KJL LAW
KJL LAW
Juris Doctorate
1,623 satisfied customers
Is it legal to be both an employee and a contractor for the
Is it legal to be both an employee and a contractor for the same business owner? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
We have 2 production employees that occasionally miss
We have 2 production employees that occasionally miss regular work hours and have requested to work more than 8 hours on another day(s) during the same week to make up the time missed, per California … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
I am an hourly employee who takes on call. This is always
I am an hourly employee who takes on call. This is always paid overtime since I work 40 hours per week. Now Corporate is saying that instead of that overtime pay we need to take the extra hours off an… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
My question regards overtime. I am a full-time assistant
Hi! So my question regards ***** ***** am a full-time assistant manager and work 40 hrs a week. My boss creates the schedule on a weekly basis, so the schedule for the upcoming week (Monday-Sunday) is… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
If ordered by the court to pay overtime debt to employees,
if ordered by the court to pay overtime debt to employees, can that debt be paid in time payments … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a salaried, emempt empoloyee works overtime, (over 40hrs
if a salaried, emempt empoloyee works overtime, (over 40hrs in a work week healthcare) do they qualify for time and a half pay? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x