How many hours can a fifteen-year-old work?

Is it illegal to not pay someone overtime when they work over 8 hours?

  • I work for a small business (about 100 employees). They don't pay us overtime if we work over 8 hours. Their excuse is sometimes people have to leave early, but want to make up the hours another day. They told me they pay overtime if you work 40 hours. Not true. We get paid bi-weekly, so if you work over 80 hours you get overtime. (If one week you work 50 hours, the next 30 hours, you get no overtime.) I'm not sure if the law if different because we are a small company. My problem is, my boss asked me 2 days to stay overtime, and she filled out an overtime authorization form. It came to 90 minutes. I worked a total of 81.5 hours last week. Shouldn't I get 90 minutes overtime for working over 80 hours, as well as 90 minutes overtime for staying those days for my boss?

  • Answer:

    Nope. In California, employment over eight hours in the workday, six days in the workweek, or 40 hours in the workweek gets time-and-a-half pay, except for certain exempt employees. You are not any one of those types of exempt employees. However, it's quite easy for overtime hours to meet more than one of those categories, but that doesn't give you a double bonus. However, 50 hours worked in one 7-day workweek requires overtime. Doesn't matter if you're paid bi-weekly. There's no way to fit 50 hours into 7 days without going over one of the overtime limits.

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In my workplace, the agreement states that there is no overtime if it is a REGULARLY scheduled shift. Meaning one department has 9 hour shifts, and one department has 10 hour shifts. No overtime is paid for these shifts. ANY hours worked past that scheduled 9 or 10 hour shift is overtime, and ANY hours past 80 in a pay period is overtime as well. In your case, you have regular scheduled 8 hour shifts, but they seem to have a system of 80 hour pay period only. In your specific case, I can explain why you were only paid for one set of 1.5 hours overtime. Imagine you said no, and did not work 1.5 hours overtime for your boss those two days. Your total hours now only come to 80 hours, and you get no overtime. the extra hour and a half was payed to you at overtime, so you have been payed correctly. If you had worked a total of 82.5 hours, then you would be getting the 1.5 at overtime for those two days, PLUS one more hour overtime for going past the regular 80 hours. I hope it makes more sense to you now :) If you want to check your work places agreement, check to see if it is based weekly or bi-weekly. I can't imagine it would be weekly if your pay checks are bi-weekly, but in your state it might be law that it is calculated weekly. Good luck!

Kelly

It depends on state labor law and whether you are salaried or paid hourly.

bud68

The law says that any hours over 40 in any work week must be paid as overtime at 1.5x your normal hourly pay. The law makes no restrictions regarding hours per day. You could work 20 hours per day twice in one week and you'd get 40 hours of straight time. The law also says nothing about hours per pay period. Your employer is free to set the pay period that works for them (within certain restrictions) but it has nothing to do with the weekly totals. If you worked 60 hours one week and 20 hours the next week, your employer would have to pay you 20 hours of overtime for that first week, even though your paycheck for the 2 week period was only 80 hours total. The law makes no distinction between small companies and large ones for purposes of overtime regulations. Your company is breaking the law if they make you work 50 and 30 and then pay you 80 hours of straight time. The question becomes "is it worth risking your job to rock the boat and file a complaint?" Even if you file an anonymous complaint, in a small company they may figure out who did it, or the fines may put the whole company out of business.

SmartA$$

it depends on what you contract says....or what they promised when you were hired. If you're hourly then usually you get OT...if you're salaried then you can work like 120 in two weeks and get no OT. Google your states "labor board" and do some research on what your state labor laws are. I will tell you this...it's illegal not to give you the proper amount of break time if you work OT. That's where empolyers can get fined or introuble. Now, if they promise you OT and don't pay...then you can report them to the labor board and basically the labor board writes them a nasty letter and maybe does an inspection.

Jennifer T

Overtime laws vary by state. You'd have to check the labor laws for your particular state. If you worked a total of 81.5 hours, then it sounds like you are entitled to 1.5 hours of overtime. Where are you getting the idea that you should get paid twice for the same 1.5 hours?

rtfm

You are owed 90 minutes of overtime if you are in the US. That is it. You don't get paid for overtime twice. I am assuming that you meant you worked 81.5 hours over the course of two weeks.

FranH

yah its illegal, unless you volunteerly do overtime without them wanting you too

Tsukasa

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