If my job has different pay rates for different tasks, is it legal that my employer does not pay me overtime for hours over 40 because of performing different tasks?

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If my job has different pay rates for different tasks, is it legal that my employer does not pay me overtime for hours over 40 because of performing different tasks?

I am a non-salaried employee.

Asked on August 27, 2015 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, if you are non-salaried, you must be paid overtime when working more than 40 hours in a week for the same employer, even if at different taks or at different pay rates. The overtime does not have to be based on your highest rate--if the extra hours are clearly for the lower-rate task, for example, you can be paid overtime at the rate for that task. And sometimes, if you are working at both tasks, you would be paid overtime based on a "blended" rate. However, while, depending on the mix of work done, the calculation of overtime may be more complex than usual, it is beyond dispute that an hourly employee who works more than 40 hours in a week must be paid overtime under the wage and hour laws, such as the federal Fair Labor Standards Act FLSA. You may wish to contact the federal or your state department of labor to file a wage and hour complaint.


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