Overtime in a 80 hour week

This an hourly question. We get paid every other Friday,(bi-weekly)for the previous 2 weeks of work. Is it possible for the company to take any hours over the 40 from one of the two weeks that has overtime, and put it on the other week that is short of 40 hours and not pay overtime for that other week? Is over time computed on a weekly basis or a payperiod?

Thank You

1 answer  |  asked Mar 13, 2008 08:08 AM [EST]  |  applies to Ohio

Answers (1)

Neil Rubin
Employer is violating the federal and state overtime law

Here are the short answers:

1) No.
2) Overtime must be computed on a WEEKLY basis.

How's that for a response with no legalese?

If you are truly non-exempt, (that is, must be paid overtime) your employer is violating the federal Fair Labor Standards Act as well as Ohio wage and hour law. This employer is liable for a 2-3 year look-back period in which he/she would have to pay ALL of your overtime at 1.5X your hourly rate. (Plus, if you need to sue him, a 2nd amount equal to the overtime, and attorneys costs and fees. They also may get fined.)

Rather than confront the employer directly, it might be best to file a complaint with the US Department of Labor or the State Attorney General's Office. If there are other employees involved, they will be happy to investigate and bring the hammer down.

If it is just you or just a few workers, the DOL may not jump on it so hard. In that case, you could consult with a competent employment attorney and go the lawsuit route. (Not so incidentally, if you file a complaint or lawsuit, your employer may NOT retaliate against you. Otherwise, the employer will be liable for a lot more than just overtime.)

Good luck.

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

posted by Neil Rubin  |  Mar 13, 2008 09:08 AM [EST]

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