Question

Is it illegal for an employer to not pay an hourly employee overtime pay for working over 80 hours in 2 weeks?

8 years ago - 11 answers

Best Answer

Chosen by Asker

It depends on your contract.

Rawlyn.

8 years ago

Other Answers

yess it is!!

by calisurferbabi - 8 years ago

totally illegal.

by RunSueRun - 8 years ago

yes...if you are the employer you BETTER pay that person back pay...

if you are the employee...you can file a complaint with the Department of Labor seeking your back pay. (worse comes to worse, you can sue them).

Source(s)

by hourslikeminutes - 8 years ago

Yes.......in most cases but there can be some rare exceptions.....

by CUSTODIAN JOE - 8 years ago

The over time rule applies to goods and services in interstate commerce. If your job category is not in this field the employer does not have to pay overtime.

by eferrell01 - 8 years ago

It depends. Some states are called 40hour a week states, and some are 8hrs a day states. In addition, the federal laws regarding overtime pay have recently changed, creating quite a stir to hourly blue collar workers.
For example, if you work in a 40hr week state, but the 41st hour was past the end of the work week, then no you may not be entitled to overtime, This is a very simple explanation of the new rules. What this means is: Lets say your pay period started on Sunday, and ended on Saturday. You worked 40hrs, Sunday through Sat, but you were scheduled to work on Sunday 4 hrs. To you, you worked 44 hrs that week, but under the law, you only worked 40hrs during the pay period, and 4 hrs at the start of the next pay period.
In an 8 hr a day state, you would be entitled to get overtime pay for anything worked over 8 hrs per day, not for 40 hrs per week. For example, If you worked 7 hrs a day for 6 days that equals 42 hours, but not one of the days did you work over 8, which means no overtime for the 2hrs worked in excess of the 40hrs. This can also incorporate the same previous example of pay period as well.
What you need to understand is the recent changes, about 2yrs ago, only affect going forward, not previous to the changes. There are other factors as well relating to overtime pay. For example the number of employees. If under 15, AND they do not receive interstate goods, then they may not be required to pay overtime. In today's business world the part about interstate goods really is out-dated part of the rules, but there are some small and local business that sell things that do not fall under the Interstate commerce clause of the labor laws.
Before you raise hell, be sure you understand your individual states overtime laws and that your position/company do not fall under the new federal guidlines.
Good luck..

by jv1104 - 8 years ago

depends on what you started with some people have no option in over time
i don't for example but i have a cool boss who says i can take that time off during that same pay period for the overtime i do work....
But I was aware of that when i started!

by ♫ Mad Luv ♫ - 8 years ago

usually..there are exceptions. also new rules to add to the already confusing old rules and 8 hr days,40 hr week ,2 pp per month. if you are at a company with few empleyees and the goods/services are all local they are exempt...if they so choose. bigger companies can make you salary if they want,,,,but thats tricky. if you're talkin twenty bucks dont push the issue. if its excessive at least seek FREE advice. no cents chasing something you may not get.

by bob a - 8 years ago

Go to the US Department of Labor website dol.gov and search for Fact Sheet 17 and Fact Sheet 23 where it talks about who is exempt from overtime and general classifications. Several folks answers could be right under their circumstances. Also check your state's labor laws.

Source(s)

by hirebookkeeper - 8 years ago

Noone forced you to work, if he put a gun to your head then yes call the police...

www.youtube.com/watch?v=r7-4-nJKgHU...

by SpasticNate - 8 years ago