Overtime and regular pay

UPDATED: Oct 1, 2022

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Overtime and regular pay

I’ve worked for company over a year. I work 40 hours a week, however I am on call 7 nights a week but was told by boss not to clock in for on call shift. I was told when hired my wife and I have to

live on site. I work second shift and on call third shift,and company does not allow any overtime. I need help on how to go about resolving this issue.

Asked on May 20, 2019 under Employment Labor Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are not exempt from overtime (which includes if you are paid on an hourly basis, and not an annual salary), you must be paid for all hours worked (if hourly) and overtime when working more than 40 hours in a week (if non-exempt, whether hourly or in a nonexempt salaried position). You don't have to be paid for simply being "on call," but any time you are called or work is work time and counts for regular pay (if hourly) and overtime (if nonexempt). Living on-site does not exempt you from the wage and hour laws. If not being paid as you should be, contact the state department of labor about filing a complaint.

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