Can an employer avoid paying overtime hours?

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Can an employer avoid paying overtime hours?

We were recently acquired by another company. I currently work three 12-hour shifts per week for a total of 36 hours. This new entity wants me to work a fourth 12-hour shift once a month, so I would have 3 weeks at 36 hours and one at 48 hours. This entity is trying to claim that I am not entitled to 8 hours of overtime pay for the 48 hour week because the other 3 weeks are only 36 hours, so it

Asked on April 13, 2018 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Under federal law, any hours worked over 40 in a work week are subject to be paid as overtime. In other words, weeks cannot be combined. Accordingly, for your 48 week, you should get OT.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Under federal law, any hours worked over 40 in a work week are subject to be paid as overtime. In other words, weeks cannot be combined. Accordingly, for your 48 week, you should get OT. 


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