At what point does overtime kick in?

I work 4 on 4 off; 12 hour days. The 4th day is supposed to be all overtime. I go by an 8 hour work week. Sunday starts the week; Saturday ends the week. If I start on Friday 7 am – 7 pm and get off Monday. Day 1-2 are straight pay on 1week and 3-4 Sunday-Monday are starting a new week. There fore I received no overtime for not 1 week but 2 weeks in a row, is that right? Is that against the law?

Asked on December 9, 2010 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Overtime is paid on all hours worked past 40 in a single work week; nothing else matters for determinging when overtime is due. You say that the work week is Sunday to Saturday. If you work 24 hours on Friday and Saturday, that does not qualify for overtime. If the next week, you worked first 12 hours each on Sunday and Monday, so 24 hours; then were off 4 days, or Tues., Wed., Thurs, Fri.; then worked 12 hours Saturday, that would 36 hours--no overtime. In short, any Sunday to Saturday period you worked 40 hours or less, there is no overtime; and in any Sunday to Saturday Period you worked more than 40 hours, you get overtime for the hours past 40. Your type of schedule may make it difficult to earn overtime, but that is legal.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.