If I worked as a window installer but my first check was for only 2 days and I was paid for 17.5 hours, should I get overtime pay?

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If I worked as a window installer but my first check was for only 2 days and I was paid for 17.5 hours, should I get overtime pay?

From what I’ve read, my state’s law says that over 8 hours a day is considered overtime. Also, my co-workers say that we only get overtime pay if we work over 80 hours in our 2 week pay period. Is the law specic about a 1 week time frame?

Asked on May 5, 2012 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Federal law requires overtime for any non-exempt employee who works more than 40 hours in a workweek (and all hourly employees are non-exempt from overtime, or eligible for overtime, with a very few exceptions, none of which would seem to apply here). Nevada law also provides that and, in addition, requires overtime when non-exempt employees work more than 8 hours in a single workday. Therefore, from what you write, it seems as if you were owed overtime for at least 1.5 hours, if you worked 17.5 hours in 2 days (since the most hours you could work in two days without overtime is 16 in NV); and if you work more than 40 hours in a week, you must get overtime.

Because most employers pay employees either twice a month or every 2 weeks, many assume that overtime is calculated on a 2-week basis, running parallel to their pay cycle. But as noted above, this is incorrect: the law does not care when payroll is paid. Overtime is based on weekly hours, and/or (in some states, like NV) daily hours, too.


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