My boss tells me something about my pay that I find hard to believe.

UPDATED: Oct 1, 2022

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My boss tells me something about my pay that I find hard to believe.

I’ve been employed by a company for about a month now, however I have not signed any official documentation. Yes, I’m a U.S. citizen so it’s not like it’s

because I’m undocumented, assuming there is any? This is my first job

excluding one off gigs like wash someone’s car or help someone put up shutters, etc. I don’t know how this works. In the beginning, I was told that I would be paid extra for overtime. However, 1 week I accrued well over 40 hours and only got paid for 40. When I spoke to my employer, he said that

legally he wasn’t allowed to pay me more than 40 hours according to state law and that any extra hours would roll over to the next week. However, I consistently work 9 to 14 hour shifts 7 days a week so at this rate I’m never going to get paid what I’m owed if this is true. Is there a law that states that whatever type of worker category that I fall into cannot be compensated for

past 40 hours?

Asked on July 25, 2018 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Under the Fair Labor Standards Act (FLSA), as a non-exempt worker (typically one who is paid hourly), you must be paid OT for all hours worked over 40 in any work week. Hours cannot be rolled over into another week. This is not how the law works. At this point, you can file a wage compaint with your state's department of labor. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The employer is mistaken or lying. If you are an hourly employee, you MUST be paid overtime (time-and-a-half) whenever you work more than 40 hours in a week, under the Fair Labor Standards Act (FLSA). Overtime is determined week-by-week; hours do not "roll over" to another week for this purpose. You employer is evidently breaking the law; you could contact your state's department of labor about filing an overtime complaint; you may be entitled to back overtime.

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.

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