I worked eight days in a row (64 hours), but the last three days fell on a new pay period. My employer is telling me that because is was split between two pay periods, I wouldn't qualify for overtime. It was still eight, 8-hour shift in a row, but it didn't line up with their pay-weeks.
I always thought that working 40 hours within ANY seven day period would get me overtime, not just the seven days that my employer for the schedules.. does this make sense?
I would greatly appreciate any advice!
Thank you
From the LawyerCentral forum archive. Originally posted 9 October 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
You have it correct; overtime is given for every hour after the 40th hour in a single workweek. Your employer is trying to pull the oldest trick in the book: scheduling work such that overtime is not triggered. The Fair Labor Standards Act expressly forbids this practice, regardless of intention.
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