When is overtime pay due?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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 12 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption