I work a 40 hour work week, our pay periods run on an 80 hour pay period. We also earn pto hours each week that can be used to bring our work week up to 40 hours if we need it that week.

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I work a 40 hour work week, our pay periods run on an 80 hour pay period. We also earn pto hours each week that can be used to bring our work week up to 40 hours if we need it that week.

If I work 52 hours one
week and 36 the next
week of the pay period
and choose to use 4
hours of pto to bring
my 36 hours up to 40
hours for the second
week of the pay
period, should I still
get paid over time pay
for the first week of
the pay period? 12
hour of over time pay?

Asked on July 10, 2018 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Overtime is calculated on a per week basis--NOT per pay period. You receive OT for all time worked past 40 hours in a single week. So in your example--yes, you get 12 over of OT for week 1, since week 1's OT is calculated without any regard to any other week.


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