Am I eligible for overtime on hours worked at a different rate?
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Am I eligible for overtime on hours worked at a different rate?
If I am scheduled 40 hours regular pay, then on the same paycheck have 6
hours in a different position at a different pay double my hourly rate for a different position, am I still eligible for overtime? My employer says since I am reclassified at double my regular rate for those hours they don’t need to pay me over time for those hours worked. Now my co-worker whom is also reclassified at that rate only works 20 hours a week and still makes the same double rate when reclassified, obviously overtime is not an issue there. So the doubletime in my opinion should not be substituted for overtime. Am I correct?
Asked on July 11, 2018 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It doesn't matter what they pay anyone else--all that matters is what YOU are paid. If *you* are only paid at the higher rate after first working 40 hours/week, then the doubletime rate IS your overtime--the employer is voluntarily paying you more overtime than they have to, but that is allowed. The law requires the employer to pay you at least time-and-half for all time worked past 40 hours in a week, but the employer could voluntarily pay you in excess of that.
But if *you* can get the doubletime rate without first working 40 hours, then it would not be your overtime, since once you can earn that rate without working over 40 hours, it's not overtime. In that event, you would get paid overtime (time-and-a-half) based on your "blended" rate when working more than 40 hours.
Example: say in one week you work 40 hours at $12/hour and 6 at $24/hour; as stated, in this example, you were eligible to earn at the $24/hour rate without first having to work 40 hours at that lower rate. In this case, your total pay, before overtime, was 40x$12+6x$24, or $624. Since you earned that $624 by working 46 hours, your effective blended hourly rate is $624/46, or $13.56/hour. Overtime would be calculated using that $13.56/hour rate.
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