QUESTION
Is my employer avoiding paying overtime?
Asked on Sep 03rd, 2016 on Labor and Employment - Pennsylvania
More details to this question:
All of my coworkers and myself are confused on how our pay is set up. Our pay periods (which are never set this way) are supposed to be the 1st-the 14th of the month, and the 15th- the last day of the month. We all will frequently have over 100 or so hours on a paycheck but no overtime hours (since we started catching on to this she has started cutting the pay periods off early). The director says that the pay period and the work week are different and so we aren't actually working overtime. If we are working more than 80 hours in a 2 week period shouldn't that be considered overtime? Can these time periods be different periods?
1 ANSWER
Litigation Attorney serving Media, PA
at
Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C.
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As a general rule, employees are entitled to be paid overtime at one-and-a-half times their regular hourly rate for all hours worked over 40 in a single workweek.
So, if your regular workweek is defined by the employer as being Monday through Friday and you work 45 hours one week, then 35 hours the next week, even though your paycheck for that pay period would only show a total of 80 hours, you would still be entitled to 5 hours of overtime that pay period. I have difficulty believing the employer's statement that no overtime was worked in a pay period where you worked more than 100 hours in a 2-week span.
I would be happy to discuss this issue in more detail with you. Please feel free to contact me for more details.
Michael J. Davey, Esq.
mdavey@eckellsparks.com
610-565-3700
Answered on Sep 23rd, 2016 at 5:32 AM