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

UPDATED: Jul 16, 2016

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 16, 2016Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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 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 lock Secured with SHA-256 Encryption