Can a company carry overtime hours into the following week?

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Can a company carry overtime hours into the following week?

I am working sometimes 14 hours in a day. Reaching 40 sometimes as early as Thursday AM. This forces me to leave job location, they change daily, to assure I get home before my 40 hours lapse. However, most weeks due to traffic and the job requirements I am over 40 hours. Is it legal to force me to take time off or for them to carry my overtime into the following week? Also, because of thos some weeks I don’t even get my full 40 hours.

Asked on June 21, 2017 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are an hourly employee and you actually work more than 40 hours in a single week, you must be paid overtime--if you are not, you could file a wage-and-hour or overtime complaint with the department of labor. The employer cannot roll or carry hours into a folowing week to avoid paying overtime.
However, note the following: 
1) Your time spent driving or traveling to/from work (e.g. your commute) is NOT work time: you do not need to be paid for it, and it does not count towards overtime.
2) Your employer can tell you to stop working or send you home early to avoid paying overtime: your employer, not you, sets your schedule and determines when you can work.


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