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J D | Do I have to pay overtime if my employee works 35 hrs in the 1st week of the pay period and 45 hrs in the 2nd? |
I pay my employees every two weeks. Do I have to pay overtime if they work over 80hrs for the pay period, or do I have to pay if they work over 40hrs in one week? |
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Marcie H
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You calculate the time on a weekly basis so you would need to pay the OT for that week. |
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Ultimate Guitar Hero!
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YES YOU DO. ANYTHING OVER 40 HOURS A WEEK IS CONSIDERED OVERTIME. |
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OPM
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Yes. |
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Bailey
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you pay overtime if they work over 40 hours a week |
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chibi_ash14
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Yes, you calculate week by week. So for week two it would be 5 hours of overtime. |
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mjkl1
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Since your payroll is drawn every two weeks, you calculate overtime based on anything over 80 hours a pay period (every two weeks). (I'm guessing you advised them that it's a two-week pay cycle.) This works for HOURLY EMPLOYEES ONLY. Hourly employees earn overtime after 40 hours of time worked (not including sick time, vacation, holidays, etc.) That means that, although your employee worked 45 hours the second week, he/she only worked 35 hours the first week, which would then push the extra 5 hours into regular time (to make up the shortage in week 1). However, if your employee had worked 40 hours week 1 and 45 hours week 2, he/she would be entitled to 5 hours OT.
If you need help with this, check out the Department of Labor (USDOL) website. They're incredibly helpful, and the site isn't all that difficult to navigate (as far as government sites go, anyway). |
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~*Kim*~
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The law would vary, depending your state. But in Virginia, the law states that (to make it VERY brief and watered down...) any time over 40 hours per work week is considered overtime. It is not based on a pay period, it is based on number of hours per 7 day period.
I'd recommend looking up labor laws in your state. |
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lionsworth
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Yes, you do have to pay overtime for the second week.
Here's how it works... Overtime is ANY time over 40 hours in ONE week. So your employee could work 20 hours in week one, and 50 in week two, and you would have to pay 10 hours of overtime.
Them's the rules... and as an employer, you should have already been WELL aware of employment laws. I suggest familiarizing yourself as soon as possible, or you may find yourself in legal trouble paying a lot more to someone that time and a half :)
Good luck! |
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Slim G
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You pay overtime for anything over 40 hours in one work week. Some jobs pay a 35 hour work week and some pay a 40 hour work week. But like I said anything over 40 hours is overtime. |
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Janet P
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Yes, in fact you have to watch it on a daily basis, anything over 8 hours a day is over time. If you pay time and a half or doubole time depends on how many for the entire week. |
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karen h
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overtime is due on any hours over 40 per week! |
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rhsaunders
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Yes. |
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deskinlawfirm.com
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http://employmentlawyerlosangeles.net/are_you_entitled_to_overtime
Overtime arise when employees are not paid properly for:
- working more than 8 hours in a day (time and a half),
- working more than 12 hours in a day (double time),
- working more than 40 hours in a week (time and a half),
- travel time between job sites,
- activities before and after your shift starts,
- activities to prepare for work that are central to work activities,
- working for seven or more consecutive days out of seven,
- working 72 hours in a week. |
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hesterthehester
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Yes..
-HtJ |
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gizmo0013
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Yes it would be 5 hours OT |
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jabksufan
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You would be required to pay 5 hours of OT for the second week......but as in my state if you are a small business and you don't exceed $1 mill in sales per year you are not even required to pay OT at all. I didn't know this until a few years ago when I started my own business. |
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Rex B
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It depends on weather the employee is classified as hourly or salary. If paid hourly, then you may have to go 5 hrs OT in that 45 hr week. If employees abuse the 80 hour pay period, and expect OT in your example, then pay weekly. If the employee is salary, then pay for 80 straight time hours. |
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Monica A
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If they have over 40 hours WORKED time, then you have to pay overtime. Now if one of those days was a holiday, or they took sick leave, then they'll have more than 40 hours, but they didn't actually WORK those 40 hours. So in that particular case you wouldn't. But any other time, you do. |
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elaineperez22
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If a pay period is 2 weeks then it has to exceed the 80 hours I believe but im not an expert. |
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Joey's Girl
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im thinking no but not too sure im thinking since its every 2 weeks it goes by what the total hours for the pay period is |
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