Is there any reason why I should not be paid overtime if I’m paid hourly and worked over 40, work?

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Is there any reason why I should not be paid overtime if I’m paid hourly and worked over 40, work?

My son worked 69 hours in a week and
was paid 52 hours of regular time and
17 hours of OT. By the way, we live in
PA so OT is paid time and a half. He
works for a moving company as a driver
and also does the physical part of the
moving. What could possibly be the
reason?

Asked on June 4, 2017 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Under federal law (e.g. the Fair Labor Standards Act or FLSA), an hourly employee must be paid overtime for ALL hours worked past 40 in a week: your son should have been paid 40 hours base time and 29 hours overtime. He could file an overtime complaint with the state department of labor to seek the additional money.


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