What is considered to be overtime hours?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is considered to be overtime hours?
A company pays employees for working 50 hours for a 5 day week. It then tells them to come in on a rotation on the weekend but only pays a commission on what gets done instead of overtime.
Asked on May 25, 2012 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you are not exempt from overtime--which includes all employees paid on an hourly basis (even if they are also eligible for a commission), as well as salared staff who do not meet one or more of the tests to be considered exempt from overtime; you can find these tests at the U.S. Department of Labor website, under "wages," then under "overtime"--then ALL hours spent working must be counted for purposes of determining overtime.
From what you write:
1) If you are hourly staff or otherwise non-exempt, you clearly need to be paid overtime for the 10 hours per week you work over 40 hours; and
2) The time you spend working on the weekend is also considered for purporses of determining eligibility for and amount of overtime; an employer may NOT escape their obligations under the Fair Labor Standards Act simply by changing the basis under which you are paid for certain work.
It seems as if you may have a claim for unpaid overtime. You should consult with an employment law attorney and/or file a complaint with your state Department of Labor.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.