Do i qualify for overtime pay if i work 99 hrs in 2 weeks

Business 3 views 1 answers
I'm employed by a company and i pull some long hours weekly. On my most recent paystub i recieved today it stated i had 99 regualr pay hours and 1 hour overtime pay for 2 weeks. I did have 15 hrs of paid personal time in one week and 2 hours paid sick time the second week. My question is with them calculating that i had a total of 100 hours for 2 weeks why was I paid regular pay for the 99 hours when i exceeded what i was told was the limit of 80 hours for 2 weeks at regular pay and not paid time and a half for the 19 hours over the 80 hrs? I asked my employer who stated they would get back with me but I have not heard back from them and I don't want to make a fuss if I was in fact paid correctly.

Attorney Answer

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Alice Jeanne BakerEmployment / Labor AttorneyRocklin, CACA licensed ·
The Fair Labor Standards Act (FLSA) gives you a legal entitlement to time-and-a-half for all of the hours you work more than 40 hours in a week. To calculate whether you're entitled to overtime, you look only at the hours you ACTUALLY work, not all of the hours you're getting paid. So if the 100 hours you got paid for included 15 hours of PTO and 2 hours of paid sick leave, you have to subtract those hours. 100 minus 17 is 83. That is the number of hours you worked as far as the FLSA is concerned. You don't say how many hours you worked in each of those two weeks. The FLSA looks strictly at one-week periods. The FLSA asks whether you worked more than 40 hours in a single week, not whether you worked more than 80 hours in a two-week pay period. (There are a few exceptions to this, like if you're a nurse, a police officer, or a firefighter, but for almost all other workers, it's strictly a one-week rule.) If you worked 40 hours in Week 1, and 43 hours in Week 2, you are entitled to 3 hours of overtime pay. If you worked 35 hours in Week 1, and 48 hours in Week 2, you are entitled to 8 hours of overtime pay. If you worked 30 hours in Week 1, and 53 hours in Week 2, you are entitled to 13 hours of overtime pay.
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