How does overtime work for bi-weekly employees?

UPDATED: Oct 2, 2022

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How does overtime work for bi-weekly employees?

I recently relocated to MA from CA, and am curious how overtime works for hourly employees paid on a 1st-15th and 16th end of month cycle. Typically Monday-Sunday I work 41 hours but with the way the pay cycle is set up I don’t usually get paid overtime for that extra hour. For example, being this month Oct 1st Tues – Oct 6th Sun, I worked 33 hour Oct 7th Mon – Oct 13th Sun I worked 41 hours.

Asked on October 23, 2019 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Overtime is based on work weeks, not your payroll cycle OR the monthly calendar, since work weeks can break across payroll cycles and calendar months. Any week you work more than 40 hours, if you are not overitime exempt, you get overtime. 
Example: the first week you mention did not start on the 1st; if you work Monday to Sunday, it started on September 30. If from Monday, Sept. 30 to Sunday, Oct. 6, you worked more than 40 hours, you would be paid overtime on all hours past 40. If you worked 41 hours from Monday Oct. 7 to Sunday, Oct. 13, the. the 41st hour would have bveen at the overtime rate.

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