Boss transferring overtime hours to a less-than-40-hours week, is this legal?
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Boss transferring overtime hours to a less-than-40-hours week, is this legal?
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We are paid every two weeks and when we report our hours it covers two weeks (biweekly time sheet). I have heard from other employees that in the past our manager has taken someone's overtime hours from one week and put them on the other week that has less than 40 hours. Both weeks are on the same time sheet that we turn in, but if one is 45 hours and one is 35, they will be changed to 40 and 40 even if we report them as 45 and 35. Is it legal for a manager to do this? Isn't overtime based on just one week's work?
I ask because I got overtime this week and I am afraid they might try to do this to me.
Let me know if I need to explain further.
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michr
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these is generally illegal there are some instances where this is legal in some states if the employer is not covered by FLSA.
without more details regarding if the employer is covered by FLSA, if a contract is involved, what the job is etcetera a definite answer can not be given but in general this is illegal. |
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Judy
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No, that's not legal, assuming you are covered by federal overtime laws in FSLA. Even though the two weeks are in the same pay period, if you worked 45 hours in one week and 35 in the other so your total is 80 for the two week pay period, federal law requires that you be paid overtime for the 5 hours. |
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Sassifrass13
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Yes, this is very illegal. Your overtime is based on time worked between Sunday and the following Saturday. They re cheating you out of your time and a half if they commute your hours to the next week. If this does happen, place a complaint with your company's HR. |
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