If anything over 40 hours per week is overtime according to my union contract, can my employer move 16 hours of overtime to the following week and pay them out at 16 hours straight time?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If anything over 40 hours per week is overtime according to my union contract, can my employer move 16 hours of overtime to the following week and pay them out at 16 hours straight time?

Asked on December 1, 2016 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, your employer cannot do this: the law generally (e.g. the Fair Labor Standards Act, or FLSA) as well as your contract prohibits this. Overtime under the law is based on hours worked PER WEEK--the employer cannot "move" hours worked in one week to another. So if, for example, you worked 56 hours in week one and 24 hours in week two, he can't balance that out to 40 hours each week and pay you 80 hours straight time. Rather, you are paid 64 hours of straight time and 16 hour of overtime. 
If your employer does not pay you the overtime you earned, you can file a complaint with the statemet department of labor.


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