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?

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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 4 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.


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