Am I eligible for overtime on hours worked at a different rate?

UPDATED: Oct 1, 2022

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Am I eligible for overtime on hours worked at a different rate?

If I am scheduled 40 hours regular pay, then on the same paycheck have 6

hours in a different position at a different pay double my hourly rate for a different position, am I still eligible for overtime? My employer says since I am reclassified at double my regular rate for those hours they don’t need to pay me over time for those hours worked. Now my co-worker whom is also reclassified at that rate only works 20 hours a week and still makes the same double rate when reclassified, obviously overtime is not an issue there. So the doubletime in my opinion should not be substituted for overtime. Am I correct?

Asked on July 11, 2018 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It doesn't matter what they pay anyone else--all that matters is what YOU are paid. If *you* are only paid at the higher rate after first working 40 hours/week, then the doubletime rate IS your overtime--the employer is voluntarily paying you more overtime than they have to, but that is allowed. The law requires the employer to pay you at least time-and-half for all time worked past 40 hours in a week, but the employer could voluntarily pay you in excess of that.
But if *you* can get the doubletime rate without first working 40 hours, then it would not be your overtime, since once you can earn that rate without working over 40 hours, it's not overtime. In that event, you would get paid overtime (time-and-a-half) based on your "blended" rate when working more than 40 hours. 
Example: say in one week you work 40 hours at $12/hour and 6 at $24/hour; as stated, in this example, you were eligible to earn at the $24/hour rate without first having to work 40 hours at that lower  rate. In this case, your total pay, before overtime, was 40x$12+6x$24, or $624. Since you earned that $624 by working 46 hours, your effective blended hourly rate is $624/46, or $13.56/hour. Overtime would be calculated using that $13.56/hour rate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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