I get paid 2 times a month, how is my overtime supposed to be calculated?

My pay period is from the 1st to the 15th and then the 16th to the end of the month. I get paid (hourly rate) on the 7th and the 22nd of each month. How should my overtime be calculated since sometimes in a pay period, I will have 16 days? for example the 16th of a month until the 31st. I think Iam being cheated but I would like my facts straight before I speak to my employer. Thank you

1 answer  |  asked Jan 20, 2010 5:58 PM [EST]  |  applies to Ohio

Answers (1)

Kelly Trautner
Without knowing what you do, it is hard to determine your status under the Fair Labor Standards Act (FLSA), which is the federal statute that governs overtime pay. For purposes of this question, I will assume that you are not exempt from overtime and are a covered employee under the FLSA. For simplicity sake, I will also assume that you are an hourly employee, being paid on an hourly basis versus salary, commission or piece rate.

Overtime is calculated based on the employer's established "workweek". The workweek is a fixed seven day period, though there is no requirement that the workweek run Sunday through Saturday. Assuming, again, that you are not exempt from overtime and are a covered employee under the FLSA, you are entitled to time and one half times your straight-time rate for all hours worked in excess of 40 during that workweek. There are some exceptions to this in the law for some hospital, nursing home, police and fire workers.

The "pay period" is different from the workweek. It sounds like your employer uses a semi-monthly pay period. Checks for pay periods like yours (running from the 1st to the 15th and then the 16th to the end of the month) will invariably include partial workweeks. That does not obviate the employer from paying overtime due for hours worked beyond 40 in that fixed workweek. It just means that there is a possibility that pay for one workweek may be split between two different paychecks.

Overtime litigation is a pretty hot area. If you still feel like you need to speak with an attorney, find someone in your area who represents employees on wage and hour issues. I hope this information is helpful to you.

posted by Kelly Trautner  |  Jan 20, 2010 6:41 PM [EST]

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