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


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.

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