am i obligated to be given overtime hourly rate for working over 40 hours if i am fulltime?

Question

so if i am fulltime, working 40 hours a week, do i have the right to be payed overtime hourly pay for working over 40 hours? my boss is trying to tell me that it is a issue and that he makes the decision if its overtime pay or if he just transfers the hours to th enext week instead... I live in Pennsylvania.

Answer 1

Federal law requires that you be paid time and a half if you work more than 40 hours in a week. They key word is work - 8 hours credit for a holiday and four nine hour days would not qualify you for overtime.

As already observed, the overtime has to be approved. If you did not get approval, your employer need not pay you anything at all. Of course, if he did that, I imagine he wouldn't have any employees...

Answer 2

Ignore the bonehead that says this is legal. Its not. You have options for what to do. You can complain about it now, insist on being paid correctly, be unlawfully terminated (possibly), and sue over that. Or you can take what he's offering. Keep very good records. And sue him down the road for what he didn't pay you. Then he'll owe you twice what he did not pay you at the time, plus attorneys fees and all the employer contributions he's trying to get out of paying. Of course you may owe a bit too, for the withholding that was not taken. I'd really recommend going the the latter course. It's most secure. I'd tell him I'd prefer to be paid correctly, but if he brushes you off, let it go. Keep your records, look for a new job, and when you have found something that suits you, see an attorney about collecting what was not paid. (And be sure to pay taxes on the overtime income even though its not on your W-2; the IRS can tell you how). From the day you (or your attorney) files in court, you can go back two years (sometimes three) to collect unpaid overtime. So, assuming this is just starting up; you've got time.

Answer 3

Under federal law, your employer is required to pay overtime for all hours in excess of 40 hours within a one week pay period at a "premium" of not less than 1 and 1/2 time the regular wage. That is time and a half which suppose you make 15/hr. Your pay would be 15 + 1/2(15)= 22.50/hr. This is a federal law and should be posted in a visible place for all employees again according to federal law. Also, salaried people are not entirely exempt from overtime pay from recent ruling involving the Federal Department of Labor. It depends on the hours worked. Also, employees who work in the area of minimum wage who find themselves not getting paid for overtime have two complaints because the extra hours may drop them below the federal minimum wage. The Department of Labor really does hit employers hard of failure to pay employees properly for minimum wage and overtime hours.

Answer 4

Depends. Are you an hourly employee? Do you work for the government? Do you work for a food-processing plant? Did the contract you signed to work say you did or didn't get overtime? There are a LOT of factors that decide whether or not you get overtime. It is NOT automatic. That said, look into it. Because it is NOT automatic, some employers will try to pull the wool over your eyes and say they are an exception when they are not. Odds are, though, your boss is telling you the truth.

Answer 5

You may be full-time; salaried. Which means you're employed to do the job UNTIL it is done. This is considered exempt status and your employer does not give you overtime pay because you're exempt from overtime pay.

There are full-time employees who do get overtime pay. They're considered non-exempt. One example might be the employee who gets time and a half or double-time for holiday work.

Supposedly, an employer is to give exempt employees "comp"(or compensation) time to make up for the hour that they work extra; but that doesn't always happen.

Answer 6

The CORRECT answer does NOT depend on if you are fulltime or parttime. what the correct answer DOES depend on is if you are exempt or non-exempt.

What that means is if you are working under an employment contract which pays you a salary, then you can indeed work more than 40 hours without overtime pay.

If you do not have a contract and are not considered exempt under your state DOL regulations, then the boss is putting his company in danger of a suit for recovery by the Department of Labor.

So, you need to first find out if you are exempt or non-exempt then answer whether or not you are working under an employment contract or on salary.

Answer 7

You should be. If you aren't under a contract, or salaried. Here's the link to the dept of labor for PA. Do a search on "40 hours" and it will take you right to the subject of overtime.

Answer 8

No. You get paid time and a half! Any hours you work in ONE WEEK over 40 he is cheating you by transferring it to the next week, prolly to save company money and not get into trouble for letting you work overtime, many times managers of stores have an certain amount of hours to dole out if they don't stick to that per week they get into trouble. Check the laws in your state but I am almost certain that is wrong hun.

Good Luck and don't let him do you like that.

Answer 9

Im pretty sure that any state you live in over 40 hours worked in one week is overtime

Answer 10

If he told you to work overtime, you are entitled to overtime pay, simple as that. If you decided to work the overtime without his permission, you're not entitled to it. It wouldn't matter if he transferred the hours to next week anyway, if you're full time, you would still work 40 hours next week. Unless he tried the trick my old boss pulled, where she would send people home for a "long break" to make up for the overtime.