My boss doesn't pay overtime. She say the hours roll over to the next pay period. Is this legal? ?

Sometimes there are no answers

It is not legal in any state, if you are not a salaried employee.You must be paid overtime for any hours you work over 40. Also, you cannot waive your right to overtime, for example, you can not "hold" your hours and ask to be paid at a later time. Contact your local department of labor. They will audit your workplace. If they are found to not be in compliance with federal or state laws, they will be fined.

Sweet Pea

An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.

Golden

it's different in some states but the general rule is over 40 hours in a week is overtime. there are ways to manipulate that, sometimes on a monthly or bi-monthly schedule, but that's just dirty and should not be tolerated.

infraction of this law makes you liable for triple damages.

mommyx2

NO NO NO. If you work more than 40 hours a week in the United States, regardless of what state, you MUST be paid time and a half. It's not 80 hours in 2 weeks, or 8 hours in a day, or any other thing bosses try to convert it to. It's 40 hours in a week. Period. And she is required by law to have the poster clearly posted in your place of business for you to see this law. Maybe you should show it to her.

The only exception to this is if you are on salary, not hourly. But if you are paid hourly, she is breaking the law, and could owe you and several other people a LOT of money. And she could be fined by the labor board.

Holly

That's illegal.

I don't think so. Contact your local Wage & Hour Board or Labor Board.

wwpetcemetery

No..if this has been her practice ..she could be sued big time and wont have to worry about paying anyone again..because she could be shut down.

Save The Tatas

No, that's not right. Even if you're on a salary, it's still wrong.

jackson

It is all built around 40 hours a week. Not if you work over a certain amount of hours per day. So basically if you track your hours and have worked over 40 hours IN ONE WEEK then you must be paid overtime for those hours. They can not be rolled over to the next week (if you are paid bi-weekly) or to the next pay period if you are paid weekly.

The owner is plating a very dangerous game with this sort of juggling. If you raised a stink you could get back pay and they might end up with no business. It would not be hard to do.

Not if your on salary

JMB

N O

little_whipped_mousey

your going to need to contact your local labour board to findout for sure...some employments are allowed to pay comp hours in lieu of OT (tho generally comp has to be at 1.5 x for extra hours not straight)..thats where you could use your hours on a differnt day or as extra PTO...comp is legal as long as it meets state guidlines and was explained when you were hired...only hours over 40 in a pay period count as OT also, if you normally work 8hrs and some days they have you work 10 but send you home 2 hrs early on another day so you dont go over 40 in a pay period ,its not overtime..pay isnt accrued daily based on hrs worked that day,its on the hours worked in that employers work week (which has to remain consistent,they cant manipulate the work week to avoid OT) ... as long as you get paid for the hours you work and OT or OT scale comp for the hrs you work its legal most places.

K W

It all depends on how your position is classified. Are you classified as exempt or nonexempt?

Thomas D

Anything over 40 hours in a single pay- period is OT (Over time) that's time and a half I would(If I were you) is contact the wage and hour labor board about this

Trophy Wife + bun

That is against the law. You could get a lot of money in a law suit.

richplainsmt

I think she is blowing smoke up it.You need to get that in writing and keep track of your hours. If she won't give it to you in writing then she's lying and don't work any overtime.

Mr. Goodhi

If you aren't on salary you must be paid overtime for any hours worked over 40 hours in one week.

kare34235

this is new to me..but w/ the laws changing so fast..i'd call the labor law in your state

The Wife

If you are salaried meaning they told you that you make $XXX amount a year then no, they don't have to pay you overtime.

brave new world

It is technically not right, but as long as you get paid for the time I wouldn't stress. I can see her view if your hours are uneven and you don't work more than 40 hours in the week. Plus I have a feeling she's not exactly getting rich with her business.
Depends on how much you need this job - and how hard it is to find a new one.

Vinnie C

No it's not legal. If Workman's comp people found out she would be fined for the hours you guys worked that she didn't pay in for.

schneider2294@sbcglobal.net

Contact your local county " Job Center" for the answer.

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