Full time employee works 85hrs, is employer required to pay 5hrs of O.T. or they can pay regular rate????

McKenna

You don't mention how often you are paid - twice a month (semi-monthly) or every two weeks (bi-weekly). There is a difference.

Based on the numbers you've provided it seems - on the surface at least - that you are paid "semi-monthly" and not "bi-weekly".

A "semi-monthly" employee works an AVERAGE of 86.6 hours of straight/regular time per pay period, whereas a "bi-weekly" employee works 80 hours of straight/regular time per pay period.

So, if you are indeed paid "semi-monthly", then yes, it would appear that you worked about 10 hours of O.T. during the pay period in question.

But please check with whoever handles your payroll, or ask whoever hired you to clarify the payment structure you are working under.

You deserve to know what to expect in future, especially if you were counting on O.T. to represent a big part of your pay.

Good luck to you.

****UPDATED****

ASKER added:

"I get paid every two weeks!"

I'll take the exclamation point to mean you are absolutely positive :-)

Then - again at least on the surface - your pay period *should* be based on 80 hours of regular/straight time and the additional 17 hours you worked *should* be paid as overtime.

You can contact the California Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE)...

http://www.dir.ca.gov/dlse/dlseWagesAndHours.html

...which has all the necessary forms to file a claim as well as a wealth of information about exceptions, etc.

But don't expect your employer to be overly happy about it.

I'll assume you've kept a copy of everything you signed prior to accepting the job. This is key, as call centers are notorious for "manipulating" the terms of employment to be production-based, and most employers who are big enough to have call centers are also big enough to have done this legally.

If you otherwise like your job, I would encourage you to try to resolve things amicably, with just your employer.

I know, I know, retaliation is illegal.

But I *also* know that employers can make it very "uncomfortable" for you to stay after rocking the boat.

On the flip side, California is very protective of its wage earners and you have a lot of case law on your side...

I just think you should be absolutely sure of your entitlement to the overtime before airing your employer's dirty laundry to the DLSE. And I say this for the simple reason that *most* big employers aren't stupid enough to violate wage-related employment laws; The potential fines and sanctions are staggering!

As always, good luck.

gets flamed

yes if you worked over time you have to have overtime pay for EVERY hour that you work.

Judy

Hours worked over 40 a week must be paid as overtime. That's actually worked, not including anything like paid lunches, holidays, sick days, vacation.....

YA! 4ever

Well, who do you work for? do you work for a big company or a small one? 98% of employers pay OT after 80 hours worked. I do know there are some companies that pay you straight pay regardless of how many hours you work. I can only assume that your employer doesn't have to pay you OT and I believe he/she is in there legal right to do so. I would ask your boss what the policy is working overtime.

leysarob

It may have to do with what type of job you have -- some jobs are handled differently. Check with your state's Department of Labor website, wage and hour division for the facts.

Generally any hours over 40 per week (not per two week period) are paid at overtime. They must be actual hours worked, not paid time off.

BlueFaith25

I truly believe that your employer is required to pay you overtime. If you worked 97 hours in a two week period. You are owed time and 1/2 for the 17 hours of work that you provided. Make sure that looked at and read your paystub correctly. I know that I have to figure out my overtime myself because our paystubs don't indicate the number of hours worked.

garley

WE started worka @8 am--half hour lunch-off at 4:30. At 4:30 we had a water main break---WE worked straight thru until 10:30 next morning... 26 and a half hour day. Is there one scale for the first 8 hours, then a different rate for the next 8, then another rate for the next 2 and a half?

Enter Your Message or Comment

User Name:
User Email:
Post a comment: