What to do if I work for a company that pays semi-monthly and they say that they do not pay overtime until after 88 hours?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I work for a company that pays semi-monthly and they say that they do not pay overtime until after 88 hours?

Time started on the first of this month and we got our checks the 18th. Then time went again on the 15th and we were paid on the 18th. I was paid 96 hours of regular time and 39 hours overtime. Last month, time started the 15th and we got our checks the 3rd of this month. She said it was because there was 31 days in that month that it was for 16 days and she has to add 8 hours. I was paid 96 regular and 49 overtime. Is this right on a semi-monthly pay? I have never been paid this way.

Asked on August 21, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your company appears to misunderstand overtime law. Overtime has nothing to do with how many days in a month or how the company pays (e.g. weekly, biweekly, semimonthly, etc.). Under the Fair Labor Standards Act (FLSA), non-exempt employees, which includes all hourly staff, are paid overtime whenever they work more than 40 hours in a single workweek, regardless of when or how pay is processed.


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