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I just recently the place I work for went to a new overtime system. If you work over time you do not get paid for it until the end of the month. If you are out sick or take a vacation day the month you worked overtime you dont get paid time
in a half you get paid straight time. Is this legal?
Asked on April 25, 2017 under Employment Labor Law, Georgia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
1) Any overtime you earn must be paid with your regular paycheck covering the week in which you earned overtime. Example: you are paid on the 15th and 30th of each month. If you worked overtime during the workweek of the 4th - 8th, your overtime should be paid on the 15th.
2) Overtime is based on weekly hours: more than 40 hours in one workweek.
3) Using paid time off of any kind does not prevent you from getting overtime, but the PTO hours (or holiday hours, if your company has paid holidays) do not themselves count for overtime. Example, during week 1, you work 9 hours/day on each of Monday - Thursday and take Friday as a vacation day for 7 vacation hours. You worked 43 hours, but 7 hours do not count for overtime--you get 43 hours straight pay that week. Example 2: during week 1, you work 50 hours, and so earned 10 hours overtime. Week 2 you took 35 hours of vacation; the week 2 vacation has no effect on week one overtime.