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NY State - After hours on-call hourly wages

New York, NY |

Ok... so what is legal. I am at a job and they just started an after hours service. I am a non-exempt hourly employee that works 40 hours a week. Being on-call will increase those hours an extra 20. How much do I have to get paid legally? Can I just get a lump sum, or do I have to keep track of the time I actually got a call, or both? What happens if I get no calls - do I get paid. What if I am very busy and work an extra 10 hours actually on the phone and fixing problems? Do I get time and a half for those hours worked, or does the weekly bonus cover that? Thanks!

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Attorney answers 1


There are fairly strict rules in New York and Federal rules about overtime. You can check out the department of Labor website for NY for more information. As to whether you will be paid and how things work you may want to get a copy of either the written policy or a written contract before you start agreeing to anything. Most importantly always document what you do and if need be you can seek the advice of an attorney who focuses on employment matters. Good luck.

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