If I have worked multiple days where I exceeded 8 hours of labor, can my employer adjust my hours worked so as tonot pay me overtime?

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If I have worked multiple days where I exceeded 8 hours of labor, can my employer adjust my hours worked so as tonot pay me overtime?

I am employed as a pizza delivery driver. Upon checking the payroll sheet (which we are required to sign before receiving our paychecks), I had noticed there were multiple changes to days I had worked more than 8 hours. When I asked the night manager, he informed me that the company re-adjusted the hours recorded so as to not pay the employees overtime pay. Can they do this with or without my consent?

Asked on December 12, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No...employers may NOT "adjust" hours so as to not pay overtime for hours actually worked; if an employee did work which would result in overtime, the employee must be paid overtime. What the employer can legally do is if it sees you are working so much that you'll likely qualify for overtime, it can reduce your hours the next day, cancel a shift, etc., so as to keep you under the overtime limit. In that case, it prevents you from working enough for overtime--but if you did work enough to qualify for overtime, you must be paid overtime.

Note that under federal law, there is no overtime for working more than 8 hours in a day; overtime, in federal law, is earned by working more than 40 hours in a week, but has no reference to hours worked in any one day.

It is possible that your state may provide for overtime for working more than 8 hours in a day, but the only state I am actually aware of which does that is California.

Therefore, depending on your state, it may be that you are not entitled to overtime for working more than 8 hours in a day--though even in that case, your employer should report your hours honestly and pay you for all hours worked.


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