My offer letter states that my regular hourly shift is 7.5 hours but I worked 8, is that overtime?
In the past months (2) my boss extended to 8 hours with the promise of make it official soon. Now 2 months later he is coming to us saying that we are going back to 7.5 hours a day. My question is: how fair or lawful this is considering that again, my offer letter is for 7.5 hours a day and I have been working 8 hours. Should I claim overtime for those extra minutes that I have working additionally? Please help me! Thank you so much!
2 answers | asked Feb 23, 2016 3:06 PM [EST] | applies to New York
Answers (2)
An offer letter should not be confused with an employment contract for a specific term of employment (i.e. with a start and stop date). Most employees are "at will". That means that either side can end the relationship at any time with or without a reason. You may opt to do so since without a term of employment employers reserve their right to change the terms and conditions of employment.
If you work more than 40 hours per week you may be entitled to overtime for hours in excess of 40 unless you are exempt. Your facts did not specify whether you are paid hourly or salary. Hourly workers must be paid no less than minimum wage for every hour worked and time and one half for hours exceeding 40 per week. There are exceptions and exemptions for many occupations and jobs. This is in general.
posted by V Jonas Urba | Feb 23, 2016 6:10 PM [EST]
If you work more than 40 hours per week you may be entitled to overtime for hours in excess of 40 unless you are exempt. Your facts did not specify whether you are paid hourly or salary. Hourly workers must be paid no less than minimum wage for every hour worked and time and one half for hours exceeding 40 per week. There are exceptions and exemptions for many occupations and jobs. This is in general.
posted by V Jonas Urba | Feb 23, 2016 6:10 PM [EST]
Jim Barna
Syracuse Employment Law
Costello, Cooney & Fearon
Thanks for the question. In New York employees are entitled to overtime for all hours worked over forty in a work week. There is no legal issue of you working 7.5 hours or 8 hours, unless it adds up to more than 40 hours for the week. All hours over forty are compensated at 1 1/2 times the hourly rate.
If you are not in a union, don't have a written contract, or are not a government employee, your boss can change your schedule at his discretion.
Jim Barna
posted by Jim Barna | Feb 23, 2016 3:28 PM [EST]
Syracuse Employment Law
Costello, Cooney & Fearon
Thanks for the question. In New York employees are entitled to overtime for all hours worked over forty in a work week. There is no legal issue of you working 7.5 hours or 8 hours, unless it adds up to more than 40 hours for the week. All hours over forty are compensated at 1 1/2 times the hourly rate.
If you are not in a union, don't have a written contract, or are not a government employee, your boss can change your schedule at his discretion.
Jim Barna
posted by Jim Barna | Feb 23, 2016 3:28 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers