Laws concerning working overtime

I am 51 years old and work and live in the same place as a medication aid. I am a
college student, and I am paid 10 an hour. They want me to work 49 hours this
week. They may possible ask me to work more, but I am not entitled to. They told
me that I won’t get overtime because my weekly hours average out over the
month, but I thought that overtime was determined on a weekly basis, and that
anything over 40 hours a week was overtime. I also make less than 23,600 a
year.

Asked on March 21, 2018 under Employment Labor Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You are correct: overtime is based on WEEKLY hours, not average hours, monthly hours, hours during a biweekly/semimonthly pay period, etc. If an hourly employee works more than 40 hours in a week, he or she must be paid overtime for all time worked past 40 hours. That is the law (e.g. the Fair Labor Standards Act).


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