Paid twice per month overtime

UPDATED: Jan 14, 2017

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Paid twice per month overtime

I am paid on the 15th and 31st. If I work 95
hours say from 1/16 thru 1/31, and make 15
per hour I am paid 15×95 hours. However, my
paystub reads 10x a phony number of hours
that equals the same Dollar amount as 15×95
hours. I’ve never been paid o.t and I’m non-
exempt. Every payday, the paystub is ‘ginned
up’ this way with the hours so that the money
amount balances. What’s really going on here?

Asked on January 14, 2017 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no legal reason why they would--or could--alter your pay stub to reflect an inaccurate number of hours, even if the total amount of pay is the same: the law requires that employers keep an accurate count of hours worked by hourly employees. Therefore, it is impossible to say why your employer is doing that: presumably, it makes sense to them, but there is no reason in the law to do it.
As to overtime: overtime is calculated by week, so any week you work more than 40 hours, if you are hourly (and therefore nonexempt: all hourly employees are nonexempt), you must be paid overtime for all time past 40 hours. For example, if you worked 95 hours from 01/16 to 1/31, say you did that as 50 hours one week, 45 hours the next. Then you should have been paid 10 hours of overtime week one, five hours week two. If the split was instead 38 hours week one, 57 hours week two, you would get no overtime for week one, 17 hours overtime for week two. Etc. If not paid overtime when you worked more than 40 hours in a week, you could file a wage and hour complaint with the department of labor--you may be entitled to back 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 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.

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