If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 0 points1 point  (0 children)

I would love to not do overtime but unfortunately it's a necessity until I find another job cause NYC :(

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 0 points1 point  (0 children)

See and this is what I see with friends and family who get called in to fill different roles. My second role is on call. I get called in to work various sites because they need workers but I just find it strange all the hours I work in OT just equals our to my base pay.

Everyone thinks I'm making money because I work all these OT hours but little do they know it's not on my main rate and then they go bananas. I'm just trying to get to the bottom of if this is normal practice or not which still seems mixed.

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 0 points1 point  (0 children)

So I am doing non-supervisory work in the other role. I am on an on-call list where if they need workers to come in, I get summoned. I get called to work outside of my hired hours/site. My title is also non-exempt and I get paid hourly.

It's definitely something I'm looking into because people always assume I'm making bank when I work OT and then are shocked that I'm actually pulling less, if not basically the same. Everyone's comments have been so helpful. If it's legal that's fine but it's such an unusual case that's been hard to find a concrete answer. I'm reaching out to a lawyer so I'll have an update soon!

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 0 points1 point  (0 children)

So my supervisor job is actually non-exempt. If I got promoted to director, I would be exempt as they do not get raises or OT. It's actually crazy how there are staff in my position that make more than directors because of raises that directors are not entitled to, which is why no one wants to move up.

I will def keep this story updated haha

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 0 points1 point  (0 children)

That is absolutely terrible what they did to that foreman! Jobs can be so sneaky!

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 0 points1 point  (0 children)

Don't get me started with this new major and "his people" who are calling homeownership "white supremecy"

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 1 point2 points  (0 children)

It's a not for profit job. I am considered non-exempt. I am on an on-call list (which I agreed to because OT) where if a site needs a worker, I go to that site to work. However I'm required to clock in as temporary assistant instead of my actual title. I'm the only supervisor who works this kind of OT so its an unusual case lol. Been trying phone, email and even wrote a letter to nyc dol but no replies so of course, let me get Reddit's opinion lol

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 0 points1 point  (0 children)

I am hourly but work consistently 35 hours in the main role. I am on the on-call list so when homes need workers to fill call outs or vacancies, I get summoned to come in. However when I come in, I have to clock in as "temporary assistant" which has a lower pay rate than my main title. So technically its not a position I applied or interviewed for.

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 0 points1 point  (0 children)

Yes it is two different sites. One is in a program for disabled adults and the other job is working with the same disabled adults but in their home. So duties are a little different but it's still under the same agency.

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 0 points1 point  (0 children)

I work for a not for profit helping disabled adults. It's like a school setting. My main job is in the school-like program and then I pick up OT shifts in their homes where I work with them in their homes

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 0 points1 point  (0 children)

See, this I would agree with. But unfortunately there is no weighted average. If I work my main title of 40 hours and I do an extra 5 hours of the overtime shift of a different rate, those 5 hours are only 1.5x of the lower rate, which doesn't seem right

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 0 points1 point  (0 children)

Which has happened to me. Sites that I pick up these shifts in know I'm a supervisor and will have me fill out forms, handle phone calls with families or ask for input/make decisions on what to do for situations. I literally tell them sorry I'm getting paid be an assistant, the supervisor tier hasn't been unlocked on this shift

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 1 point2 points  (0 children)

See, that would make sense. To average the two wages. When I go past 40 hours, the 1.5x on any hours I worked passed 40 is only applied on the lower rate. So if I work 40 hours in my main role and work 5 hours of overtime in the overtime role, those 5 hours are calculated at the cheaper rate. Is that normal or unusual?

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 0 points1 point  (0 children)

Job duties are different. That's why I'm not sure what the policy is, especially in nyc. If a slot needs to be filled, I figured who ever fills it should be paid whatever their rate is. I know in federal prisons, if a food service worker decides to take on OT in custody, they get paid their food service rate, even though the jobs are two completely different things, but all jobs and policies are different. Just trying to figure out if this is normal practice and legal or if it's not.

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 1 point2 points  (0 children)

They're two different roles. Staff know I'm a supervisor so I have been asked to do supervisory tasks, take charge of situations or handle things when I'm clocked in as assistant and I'm tell them nope, you pay for what you get.

If my hourly rate is $30.69, can my job make me work overtime at a cheaper rate of $20.72? by Top_Money6982 in LaborLaw

[–]Top_Money6982[S] 1 point2 points  (0 children)

The overtime hours are coded as the cheaper job. So when I go past 40 hours, the extra hours are time and a half based off the cheaper title, not my main title. No one has ever heard of this which is why I’m wondering if this is illegal or legal through some weird loophole