What is considered to be overtime hours?

UPDATED: May 25, 2012

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What is considered to be overtime hours?

A company pays employees for working 50 hours for a 5 day week. It then tells them to come in on a rotation on the weekend but only pays a commission on what gets done instead of overtime.

Asked on May 25, 2012 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are not exempt from overtime--which includes all employees paid on an hourly basis (even if they are also eligible for a commission), as well as salared staff who do not meet one or more of the tests to be considered exempt from overtime; you can find these tests at the U.S. Department of Labor website, under "wages," then under "overtime"--then ALL hours spent working must be counted for purposes of determining overtime.

From what you write:

1) If you are hourly staff or otherwise  non-exempt, you clearly need to be paid overtime for the 10 hours per week you work over 40 hours; and

2) The time you spend working on the weekend is also considered for purporses of determining eligibility for and amount of overtime; an employer may NOT escape their obligations under the Fair Labor Standards Act simply by changing the basis under which you are paid for certain work.

It seems as if you may have a claim for unpaid overtime. You should consult with an employment law attorney and/or file a complaint with your state Department of Labor.

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