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I need help with questions regarding wages and over time…

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I need help with questions regarding wages and over time laws in New York

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Answered in 35 minutes by:
3/17/2018
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 723
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help - What is your question concerning wages?

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Customer reply replied 5 months ago
I am a full time nanny working in New York City. Starting 2016 my employers started paying me on the books with an agreed fixed pay rate of $1,150 per week before taxes. I work 52.5 hours total a week.I recently noticed a change on how my pay stub was showing my pay rate and deductions. Since 2016 my pay rate on my pay stub has always been a fixed rate of $1,150 and my taxes were being deducted based on that. Recently my pay rate has changed from the fixed weekly rate of $1,150 before taxes to an hourly rate. My weekly fixed pay is $1,150 before taxes and since it’s being broken down to hourly rate the hourly rate should be $21.9047619 based on the 52.5 hours I work in a week but instead my boss has my hourly rate as $19.5745 for 40 hours and $29.3618 for the remaining 12.5 hours to still equal the some of $1,150 per week before taxes. I feel like I have been cheated of my wages can he do this? I agreed to a fixed weekly rate of $1,150 for 52.5 but this before I had found out that by law I am entitled to time and half for any hours worked above 40 hours. He is trying to use this against me now and is calculating my weekly pay to still come out to $1,150 now that he has converted it to hourly rate. I feel like since I was getting paid a fixed rate for 52.5 hours and now that it is being converted to hourly rate that he should pay me based on the rate of the 52.5 hours. Am I mistaken and not understanding the law correctly?I found out that in New York City nannies are entitled to over time hours for hours worked above 40 hours and at a rate of time and half anything over 40 hours.
Customer reply replied 5 months ago
Am I entitled to any lost wages since 2016 since he has not paid me time and half and had me on a fix salary for 52.5 hours?
Customer reply replied 5 months ago
Or is his hourly conversion correct because of my agreement of total weekly pay of $1,150?

In your original agreement does it contemplate overtime? Hourly rate? or just a generic $1150.00 a week?

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Customer reply replied 5 months ago
Just $1,150 a week for the hours of 8:30am to 7pm 5 days a week total of 52.5 hours a week. I feel like since he has converted my pay to hourly now that it should be based off of the 52.5 hours I was working which would be an hourly rate of $21.9047619.

Unfortunately because you did not specify an hourly rate or overtime compensation - what the employer is doing is legal to allow you to work the 52.5 hours a week at the agreed upon $1150.00. You always have the option to renegotiate your terms of employment - but you did agree to the $1150.00 a week.

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I hope that answered your question - can you please rate me with 5 stars

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Customer reply replied 5 months ago
but that was before he converted my pay into an hourly rate without my knowledge after I told him that I am entitled to over time pay above 40 hours which he was not paying me for the past 2 years and did not notify me of it as well.

He is under no obligation to pay you overtime if you agreed to $1150.00 a week. Your agreement does not contemplate overtime pay.

DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 723
Experience: Partner at McCollum Hodgkinson, P.C.
Verified
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