Wage and Hour question

Question Details: An employee scheduled for 32 hours a week is required to work 40 hours one particular week however the employer says it will pay only 32 and put the 8 either on the next week or substitute a day off. What law protects the employee from this practice?

Asked 10/5/2009 under Employment and Labor | 160 View(s) | More Legal Topics

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Employment and Labor Law Answers

This is probably a violation of federal (and possibly state law). You are entitled to certain pay requirements pursuant to the Fair Labor Standards Act (FLSA) . 

While FSLA does not define full-time employment or part-time employment (this is a matter generally to be determined by the employer), whether an employee is considered full-time or part-time does not change the application of the FLSA benefit requirements.  For example, for covered, non-exempt employees, the FLSA requires overtime pay to be at least one and a-half times an employee's regular rate of pay after 40 hours of work in a workweek.

Note:  Some states have overtime laws.  In cases where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standa

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