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State Job That Will Withhold Overtime Pay Rate

So I started working a new state job last year(New York). It’s a job that allows me to either pickup voluntary overtime or I can get mandated and have to stay for overtime hours and I have no choice in the matter. Between the two I have been picking up a decent amount of overtime every pay period which is two weeks. I have anywhere from 30-60 hours overtime most pay periods. It is a salaried position but they still pay an overtime rate based off my salary. I’ve never once had to call out sick or for personal reasons until recently. The last day of our recent pay period, which is a Wednesday, I had to call out sick for the first time. Upon coming back to work I was told by supervisors that when you call out for a shift you lost overtime rates for all overtime worked for that pay period. So if you work 80 hours straight time, and 40 hours overtime, and call off one day your 40 hours overtime turns to straight time so you really get 120 hours at straight time and no overtime pay. I still had to use my sick time for the Wednesday I called off on so I get paid the 8 hours and no hours are lost.

My question is, can they get away with doing this? It was my understanding that any hours worked over 40 hours in a week, or past 8 hours in a day, overtime pay needs to be paid out. I don’t see how they can get away with essentially taking my overtime rate for around 40 hours of overtime and penalizing me for having to call out one day.

submitted by /u/Bitter_Weakness6280
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State Job That Will Withhold Overtime Pay Rate

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