what's legal on overtime pay?

Question

If for example you miss a day of work such as a company paid holiday, a day paid for bereavement, or any other company approved paid day off. And in this same week you worked 12 hours overtime and normally get paid time and a half. Can the company legally take 8 of those overtime hours and change them to straight time pay? Thus giving you a total of 36 straight, 8 holiday, and 4 hours o.t.? They say they can because you have to be physically at work 40 hours period. I live in Michigan if that pertains to state laws. Any info would be appreciated. And if possible where I can find it!

Answer 1

They are correct, non worked hours is not considered time worked in the computation of overtime.\

U.S. Department of Labor FLSA (Fair Labor Standards Act).

Answer 2

Yes, legally they have to pay you time and a half for hours actually WORKED over 40. So if you had paid time off that week, those hours don't count toward the 40.

Tequila has it wrong that they aren't required to pay overtime unless you have it in writing - for most jobs, that's federal law, not an employer option.

Answer 3

Yes any work up to 40 hours a week is paid at normal time, and anything over 40 hours is paid at OT rate. That is standard practise. If its federal, that explains why it is standard.

Answer 4

I absolutely stand corrected. According to the Department of Wage and Labor under the FLSA, empoyers do have to pay overtime of time and a half after a 40 hour work week. (Actual work)

You can go to www.dol.gov and check your individual state.

I would be interested in knowing when this was changed, as in the 80ties serious changes were made to employee rights. I had no idea they were changed back.

Peace.

Answer 5

Check your company handbook. It should tell you the companies policy.