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Additional Details
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Pauly
Question about overtime...?
My employer pays me with pay-periods that are by-weekly. So if I worked 10 hours of overtime (50 hrs total) the first week of the pay period, and only 30 hours the second week of the pay-period will I get payed time-and-a-half for the extra ten hours of the first week, or can my employer just add them together and call it a regular 80 total hours worked because it's their pay system?
                     
 




corney
Rating
They would have to pay you 10 hours overtime because you are supposed to work 40/week. not 80/two weeks. you see? When you get your check, see what its like, and if there is a problem, then say something


Yahoo Asker
Rating
No you will get the 10 extra hours that you worked overtime for that weel... Even if you work 20 hours for both weeks and oneday you work more than 8 hours, then they will still have to pay you for every hour you worked over the 8 hours that day...
Hope this helps buddy


BMW BFD
Rating
I think you mean bi-monthly
It's still a 40 hour work week so you will be paid for the 10 hours OT in the first week


curious115
Rating
Unfortunately he can straight pay you in most states.


Helen Scott
You should be getting paid for the extra 10 hours OT....because overtime is calculate on a weekly basis, even though your checks are biweekly.


Schizophrenic Psycho
Rating
i think its anything over 40 hours in a single week is time and a half--either way you should get your overtime--make sure--sounds fishy--dont let them clip your money---check with your local labor relations agency


Phoenix
It depend which state you live in and whether you are considered salary.

If you live in California and you are paid hourly, they consider overtime anything over 8 hours in a day. However, most of the other states consider overtime anything past 40 hours in a week. They cannot roll two weeks together, it is base on a weekly basis.

If you need further help here is a site that may help you out:
http://employment.findlaw.com/employment/employment-employee-wages-benefits/


Bad Co.
Rating
When you hired in, did they give you a employee handbook? It usually tells you about how they pay.


AL
It is my understanding that it is usually based on a 40 work-week (with overtime for anything over 40 hours in a single a week) for most hourly workers, but I believe that there may be exceptions for certain occupations. So, by your example above, you would be due 10 hours of over time pay for the bi-weekly pay period in question.

"For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay to be at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes

Some states have overtime laws. In cases where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher overtime pay)."

(From U.S. Department of Labor web page)

Good Luck, and I hope that this helps.


Bittuh_Brutha
depends on the industry, in hotels anything over 8 hours in a day is overtime. depends on the state law, anything over 40 hours in a week is overtime. it also depends on your work contract, go back and read what you signed. you may have agreed to it and didn't realize it


asylumescapee69
Rating
no he cannot cheat you out of overtime that way.
Overtime is specific to the 40 hour work week.

You're paystub should say 70 reg. time
10 overtime

make sure you're clear on the pay period, to know for certain that you worked 50 hours in one week of the period.
For instance, if your pay period is from wed to tues. then you have to count your hours based on this week.


partytime
Rating
it should be overtime, its a 40 hour work week, after 40 hours its overtime.


heyonah
Rating
Overtime is base per week. Therefore, if you work more than 40 hours per week, you will get paid the overtime regardless of how often you receive a paycheck.


Banana.Anna
Rating
I think it might depend on the state in which you work (and their particular laws). Some pay you O.T. by the day (if you work over 8 hours in a day), some pay you by the week (over 40 hours in a week). I doubt though...that they are able to combine both weeks to add up to 80 hours total. I believe that the first week is separate from the second week. You could ask your employer though, and get a more straightforward answer.


Peter C
It's always based on 40 hours per 7 day week, no matter how they pay you. So working 50 hours the first week gets you into the overtime basis. Only exception is when state law takes precedence due to company size, where they can make the cutoff at 48 hours instead of 40 hours. Check with your state employment security department for suitability.


goodygoodywitch
Check with your HR dept, or with your employer. It should be in your contract under subheading overtime. Mine paid overtime based on how much over I went in the DAY, so I could have worked 12 hours in one day, and get paid for 4 hours overtime, but then jipped 4 hours the next day, but I still get the OT for the first day (I think it was to make up for pushing yourself during the day)


Monica W
Rating
It should be overtime however, there are many ways out of this for an employer. It can vary in your state. One example is that they may say that the work week runs from Thursday to Wednesday instead of M-S. Your best bet is to know the law in your state. I would call the information for labor rights in your state and ask someone so you are informed. Be careful how you approach your boss though. Many employers hate educated employees when it hurts the bottom dollar.


Mark
It'll depend on your state laws and exactly what you do for a living.

The default is to pay OT after 40 hours per week, state law can override that for certain professions.

Here are the Federal rules:


Jessica E
Rating
No your employer can not jst add them together. he has to give you your overtime..... good luck


coolon246
dont know


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