Is it legal to be denied overtime pay?

UPDATED: Sep 30, 2022

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: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal to be denied overtime pay?

I worked over 40 hours the first week of the pay period but did not meet 40 hours in the second week. I was denied overtime pay as a hourly wage employee because I did not work 80 hours in the pay period.Is this legal? The Dr office generates more than $500,000 annually. I did take 1 year of massage therapy education which includes medical related subjects. Can these allow for loop wholes to be used?

Asked on September 29, 2016 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They (the employer) is misunderstanding how overtime is calculated: it is calculated PER WEEK, not per payperiod. So if you worked, say, 45 hours week 1, and 35 hours week 2, you are legally (e.g. by the Fair Labor Standards Act, or FLSA) entitled to overtime for week 1: week 1, you will get 40 hours of base pay and 5 hours of overtime, while week 2, you will receive 35 hours of base pay. If your employer wlll not pay you the overtime you are entitled to, you could contact your state's department of labor to file a wage 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