Am i eligible for overtime

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Am i eligible for overtime

I work for a school bus company and between my regular route and additional trips I have exceeded 40 hours a week on many occassions. Even though my

route pay is one rate and my trip pay is another am I still eligible for overtime when I exceed 40 hours?

Asked on May 30, 2018 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are a non-exempt employee, you must be paid overtime whenever you work more than 40 hours in week. If you are paid an hourly basis, rather than an annual salary, which is what your question implies, you are not exempt and earn overtime. If you earn at two different rates, the employer uses the blended or  weighted average to calculate overtime: for example, if you typically work 24 hours at $16/hour and 16 hours at $12/hour, you earn 24 x 16 + 16 x 12 = $576/week on average, which is an average rate of $14.40 per hour; overtime would be calculated based on $14.40 per hour. If you have not been paid overtime when you should have been contact the department of labor.


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