QUESTION

when we work overtime my employer only pay us after 45 hours. my contract stated we work 40 hours. can they do that.

Asked on May 03rd, 2013 on Labor and Employment - South Dakota
More details to this question:
I sign a contract when I start with this company. the contract was for 3 months only. I work for 3 years with them. ( no other contract ) that contract stated overtime shall be paid after 40 hours. when we get our payslip, we see its only after 45 hours that they pay us. the contract say Monday to Friday 8 hours per day. when we work Saturday we only get 3 hours overtime. the 5 hours they give us as normal pay. i live in south africa
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
If you are working 40 hours and just 30 minutes of overtime in a week, you are entitled to 30 minutes of overtime.  The only possible explanation the employer could have for waiting for 45 hours would be if you have a one hour lunch each day during which you are not working.  Otherwise, you are owed overtime for those 5 hours
Answered on May 03rd, 2013 at 3:21 PM

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