When is overtime pay due?

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When is overtime pay due?

I work what is called an “adjusted work schedule” (AWS). It’s a 12 hour shift that alternates 3 days or 36 hours 1 week, and and 4 days or 48 hours the next week. We also have a 1 hour lunch within that time. It’s my understanding that anything worked over 40 hours a week should be considered overtime. So minus lunch, 44 hours is being worked on the 4 day weeks. Should I be getting overtime (time and a half) for those 4 hours?

Asked on October 24, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming that you are not exempt from overtime (see below), your understanding is correct: you should receive overtime (time and half) for all hous worked in a single work-week past 40, even if on a prior week you worked less than 40 hours.

If you are an hourly employee, you are definitely not exempt--that is, you can get overtime. If you are salaried, you may still be eligible for overtime, since to not receive overtime, you must also meet one of the tests relating to job duties, authority and responsibilities. Go to the Dept. of Labor website and look under "wages," then "overtime" to find the standards for when someone is exempt; in brief, it's generally only managers/executives, professionals (lawyers, engineers, accountants, certain upper-level computer staff), high-level administrators, and certain limited types of sales staff, who do not receive overtime.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming that you are not exempt from overtime (see below), your understanding is correct: you should receive overtime (time and half) for all hous worked in a single work-week past 40, even if on a prior week you worked less than 40 hours.

If you are an hourly employee, you are definitely not exempt--that is, you can get overtime. If you are salaried, you may still be eligible for overtime, since to not receive overtime, you must also meet one of the tests relating to job duties, authority and responsibilities. Go to the Dept. of Labor website and look under "wages," then "overtime" to find the standards for when someone is exempt; in brief, it's generally only managers/executives, professionals (lawyers, engineers, accountants, certain upper-level computer staff), high-level administrators, and certain limited types of sales staff, who do not receive overtime.


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