How is overtime calculated?

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How is overtime calculated?

I was just wondering if its legal if I work a normal 40 hour a week and get paid bi-weekly. I put in 80 hours in 1 week. Now my employer has taken me off the schedule for a week and said he will just pay me the 80 hours like normal.

Asked on April 18, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Even though most employees are paid on a bi-weekly basis, that's not how the overtime laws (e.g. the Fair Labor Standards Act, or FLSA) are written: overtime is based on number of hours in ONE workweek, and all hours worked over 40 in a week must be paid at time-and-half. So if you worked 80 hours in a week, you should be paid 40 hours at normal time and 40 hours at time-and-half. It has no impact on your overtime for that week how many hours you work the next week or whether you work at all. If your employer does not pay you overtime for your extra hours that week, he will be violating the law; you could file a complaint with the state department of labor or take legal action yourself.


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