When is an employee entitled to overtime?

Get Legal Help Today

 Secured with SHA-256 Encryption

When is an employee entitled to overtime?

I’m currently working retail store in the mall. They have me working a double shift. 11 am-4 pm in store #1; then 5 pm -11 pm at store #2. I work for the same company/store; the exact same store name. However, they have me clock in/out separately so they don’t have to pay me overtime. Is that so or am I eligable for compensation?

Asked on October 25, 2012 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are doing essentially the same or similar jobs for the same employer, then if you are an hourly employee, you are owed overtime whenevery you work more than 40 hours in a week--it does not matter if they call it a separate shift or have you clock in and out. From what you write, you are working 11 hours a day; if you work 5 days a week, you are owed 15 hours of overtime per week. You could contact the state labor department or speak with a private employment law attorney about recovering the overtime to which you seem to be entitled.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption