Can an employer calculate overtime by hours over in days and not by work week in NYC?

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swong171

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I work in the retail industry and my hours are from 10:30 am - 7:30pm. (we close at 7pm but usually don't leave till at least 7:20pm) We are paid bi-weekly. Every 15th and 30th of the month. There are some weeks where I work 6 days in a row before getting my 2 days off. I get a paid 30 min lunch break. After I take out that 30min lunch I am working about 8.5 hrs x 6 days is 51hrs. total. Shouldn't I be getting 11 hrs of OT for that week? I've read that OT is anything over 40 hrs in a work week. i clock in and out for shifts. Since they do pay for my 30min lunch break does that affect my OT hours?
 
No, and yes. Your paid lunch does not count as "hours worked" for purposes of determining overtime hours. Also, you do know that since overtime is calculated on a workweek basis, you will normally get overtime "after the fact", at least for the last week of the pay period, since a semi-monthly pay period hardly ever is comprised of two full workweeks without some days "hanging over" from the prior pay period and into the next pay period, right?

For OT calculations for retail establishments, see my response in your other thread.
 
OT is based on hours WORKED, not on hours PAID.

Paid breaks (unless less than 20 minutes); paid lunches, vacation, sick, personal, or holiday pay are all examples of paid time that does NOT count towards overtime. You were not WORKING during that time; therefore it does not count towards overtime even though you are being paid for it.
 
So if I work from 10:30am -7:30pm and take a PAID 30 min lunch break each day and work 6 days a week. That's 8.5 hrs x 6= 51hrs. That would be over 40 hrs even with the lunch break taken out. i should be eligible for OT right?
 
OP, for your benefit, read up on NY state labor law.

Here's a good site (these folks will even let you email them your concern, or call them):

http://www.newyorkemploymentlawyerblog.com/2011/03/calculating_overtime_pay_in_ne.html

This is another informative site, I've had occasion to use:

http://www.iqovertime.com/new-york-overtime-laws--NY.html


Meal Periods: Employees working more than six hours beginning before 11 a.m. and continuing until 2 p.m. must receive a 30-minute, uninterrupted meal period.

Final Wages: Employees who are fired must receive their final paycheck by the next regularly scheduled payday. Workers can request to have their final paychecks mailed.

Recordkeeping: Employers are required to keep records for every employee. These records should contain the following information:

* Name
* Address
* Social security number
* Pay rate
* Hours worked per day and week
* Gross wages
* Net wages
* Deductions from earnings
* Arrival and departure times for those working a split shift or spread of more than ten hours
* Number of units made daily and weekly by piece rate employees

New Hire Notices: Beginning Oct. 26, 2009, newly-hired employees in New York should receive a written notice of their pay rate and payday before performing work. If the employee qualifies for overtime, their overtime pay rate must also be provided in the notice. No particular form is required for these notices.

http://www.iqovertime.com/new-york-wage-and-hour-law--2-42442.html
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