My pay rate is 8.50 but they payed me time and a half on labor day based on a 6.55 payed rate / Is this legal?

Asked 5/25/2009 under Employment and Labor | 215 View(s) | More Legal Topics

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Employment and Labor Law Answers

It seems as though your employer may have made an error by basing your pay on Labor Day on the state's minimum wage of $6.55 per hour.  If your hourly rate is $8.50, then time and a half would be $12.75 per hour, according to the Fair Labor Standards Act (FLSA).  If you were doing the job you normally do and worked over 40 hours per week, then you should be entitled to the overtime. 

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