QUESTION

I want to know if my employer is required to pay overtime when we work it.

Asked on Jun 01st, 2012 on Labor and Employment - Tennessee
More details to this question:
We do 75-85% of our work in other states , we leave porperty corner pins and stakes showing where to build cell towers and fences in each of these states. We are on a two week pay period and onmy paycheck ,one week we worked 55 hours and then the second week we were sent home as soon as we got 25 hours.Totaled up it''s 80 hours and our boss didn''t pay overtime for the fifteen hours the first week.Is this legal?I know that he must make $500,000 a year or has an interstate commerce type of business to be required to pay overtime.Almost all of our work is in other states. I do not know nor can I ask him what the company makes in a year.
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1 ANSWER

Alternative Dispute Resolution Attorney serving Charleston, WV at Robinson & McElwee PLLC
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Well, nothing is ever easy in wage and hour law.  First, the fact you are on a "2 week pay period" doesn't really matter for purposes of overtime.  If you work more than 40 hours in a "work week," and you are not an exempt employee (which it certainly seems to me you are not), then you are entitled to be paid overtime for every hour over 40 which you work in that "work week."  However, a "work week" may not be from Sunday through Saturday, but could start and end on any day.  But an employer cannot change the "work week" to avoid the payment of overtime.  So, generally if your "work week" is from Sunday through Saturday, and you worked 55 hours in that work week, you would be entitled to overtime for the 15 hours over 40 in that work week. But, let's say the work week is from Sunday through Saturday and you work 38 hours through Friday, 10 hours on Saturday and 7 hours on Sunday for a total of 55 hours.  You've only worked 48 hours - 8 of which are overtime - during the work week, with 7 hours on Sunday being the first 7 hours of your next work week.  If the employer then has you stop working after another 25 hours, you have only worked 32 hours in the second work week and no overtime is due.
Answered on Jun 07th, 2012 at 3:02 PM

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