My employer is only paying half time over 40hrs because my avg work week does not go over 40hrs and I’m still paid 40hrs per week, is this legal?

My employer requires me to be available for 84 hours per week to be
called into work as work load dictates. If I am called in I clock in
when I get there and out when I leave. I also am allowed 2 hrs to
respond to the building that I am not compensated for. If I do not
accumulate 40 hours of clocked in time I am still paid for 40 hrs.
But if I go over 40 hours worked I am only compensated at half time.
I am also clocked in for 16-18 hours sometimes. How does this fit
into the existing labor laws?

Asked on January 24, 2018 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you are an hourly employee, you MUST be paid overtime (time-and-a-half) for all time worked past 40 hours in a week. All that matters is how many hours you work *that* week; "average" hours is irrelevant to overtime, since overtime is judged week by week (i.e. on a weekly basis). This is the law (e.g. the Fair Labor Standards Act or FLSA); if not paid as required by law, you could contact the department of labor to file an overtime complaint. 
You can be required to work any number of hours (e.g.16-18) hours per day; that is legal so long as you are paid for all hours worked (and overtime as applicable).

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