Should I get overtime pay if I work the night shift into the new work week?

UPDATED: Oct 1, 2022

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Should I get overtime pay if I work the night shift into the new work week?

My company’s work week is Sunday-
Saturday.I have a routating schedule.
Every other Saturday I work 10p-8a into
Sunday morning. That’s 8 hrs into the
new work week. This would result in
overtime every other week.

My company’s doesn’t consider this
overtime since I began work at 10p
Saturday night.Technically I only work 2
hrs on Saturday. Is the remaining 8 hrs
in the new week overtime?

Asked on January 14, 2019 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Overtime is calculated per work week--whatever your work week is. (Most are Sunday to Saturday, but they could be Monday to Sunday, Wednesday to Tuesday, etc.)
Assuming you are not an excempt salaried employee, any workweek you work more than 40 hours in a week, you get overtime for all time worked past 40 hours. 
When a work shift straddles two work weeks, assign time to each week based on when the week begins and ends.

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