Is it legal for an employer to pay less overtime than what’s expected?

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Is it legal for an employer to pay less overtime than what’s expected?

My employer has paid me less OT than I expected several times. My last check, for instance, I worked 113 hours. I was paid for 99 regular hours and 14 OT. It was from 06/15 – 06/30. The pay period consisted of Friday, Saturday and Sunday, then a full week, then Monday – Thursday. I thought it should’ve been 80 regular hours and 33 OT’s.

Asked on July 16, 2016 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Overtime is calculated by work WEEK, not pay period. Any work week (usually, but not necessarily, Sunday to Saturday; non-calendar weeks are permitted) that an employee works more than 40 hours, they must be paid overtime for all hours worked past 40 that week. So use that criteria--week-based, not pay period based--to look at your hours worked and calculate the overtime you should have received. If you did not receive what you should have, you could contact the state department of labor to file an overtime complaint.


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