Is it illegal for an employer to not pay an hourly employee overtime pay for working over 80 hours in 2 weeks?

Answer 1

It depends on your contract.

Rawlyn.

Answer 2

It depends. Some states are called 40hour a week states, and some are 8hrs a day states. In addition, the federal laws regarding overtime pay have recently changed, creating quite a stir to hourly blue collar workers.
For example, if you work in a 40hr week state, but the 41st hour was past the end of the work week, then no you may not be entitled to overtime, This is a very simple explanation of the new rules. What this means is: Lets say your pay period started on Sunday, and ended on Saturday. You worked 40hrs, Sunday through Sat, but you were scheduled to work on Sunday 4 hrs. To you, you worked 44 hrs that week, but under the law, you only worked 40hrs during the pay period, and 4 hrs at the start of the next pay period.
In an 8 hr a day state, you would be entitled to get overtime pay for anything worked over 8 hrs per day, not for 40 hrs per week. For example, If you worked 7 hrs a day for 6 days that equals 42 hours, but not one of the days did you work over 8, which means no overtime for the 2hrs worked in excess of the 40hrs. This can also incorporate the same previous example of pay period as well.
What you need to understand is the recent changes, about 2yrs ago, only affect going forward, not previous to the changes. There are other factors as well relating to overtime pay. For example the number of employees. If under 15, AND they do not receive interstate goods, then they may not be required to pay overtime. In today's business world the part about interstate goods really is out-dated part of the rules, but there are some small and local business that sell things that do not fall under the Interstate commerce clause of the labor laws.
Before you raise hell, be sure you understand your individual states overtime laws and that your position/company do not fall under the new federal guidlines.
Good luck..

Answer 3

At Will Employment = all employees in the US are at will employees unless they work under a union contract. This law is the strongest anti-slavery law in the country. It allows you to quit at any time with or without notice. This same law allows employers to end your employment for any reason, at any time as long as the reason is not based on protected class discrimination. Time record rounding = in the US, time record rounding is legal as long as time is rounded the same both directions. Most employers round to the 3 or 5 minute, although some will do it as much as 15minutes. - What this means with 3 minute rounding that if you clock in one minute early or one minute late, you would be considered the same. Where as if you clock in who minutes early you will be paid for 3 minutes and if you clock in 2 minutes late, you will be counted as 3 minutes late. Incorrect pay check = If you receive an incorrect pay check and it's not related to rounding, your employer would be required to correct your pay on the next check. Overtime rate = California, Washington, and Colorado have daily overtime laws. Tennessee does not. Overtime in TN is over 40 hours in a week at 1.5% regular wages and over 60 hours in a week is double time. Unless the employees are working more than 40 hours in a week there would be no overtime earned and the employer is not breaking any labor law. Salary increases = there is NO requirement in the US that salary increases never occur. The ONLY jobs that offer salary increases every 3 months are low end positions. Once you graduate college, you will be lucky to get a raise once a year, although it's very possible it's much less often.

Answer 4

Go to the US Department of Labor website dol.gov and search for Fact Sheet 17 and Fact Sheet 23 where it talks about who is exempt from overtime and general classifications. Several folks answers could be right under their circumstances. Also check your state's labor laws.

Answer 5

depends on what you started with some people have no option in over time
i don't for example but i have a cool boss who says i can take that time off during that same pay period for the overtime i do work....
But I was aware of that when i started!

Answer 6

The over time rule applies to goods and services in interstate commerce. If your job category is not in this field the employer does not have to pay overtime.

Answer 7

usually..there are exceptions. also new rules to add to the already confusing old rules and 8 hr days,40 hr week ,2 pp per month. if you are at a company with few empleyees and the goods/services are all local they are exempt...if they so choose. bigger companies can make you salary if they want,,,,but thats tricky. if you're talkin twenty bucks dont push the issue. if its excessive at least seek FREE advice. no cents chasing something you may not get.

Answer 8

yes...if you are the employer you BETTER pay that person back pay...

if you are the employee...you can file a complaint with the Department of Labor seeking your back pay. (worse comes to worse, you can sue them).

Answer 9

Noone forced you to work, if he put a gun to your head then yes call the police...

http://www.youtube.com/watch?v=r7-4-nJKgHU

Answer 10

Yes.......in most cases but there can be some rare exceptions.....