What to do if I work for a company that pays semi-monthly and they say that they do not pay overtime until after 88 hours?

UPDATED: Aug 21, 2012

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What to do if I work for a company that pays semi-monthly and they say that they do not pay overtime until after 88 hours?

Time started on the first of this month and we got our checks the 18th. Then time went again on the 15th and we were paid on the 18th. I was paid 96 hours of regular time and 39 hours overtime. Last month, time started the 15th and we got our checks the 3rd of this month. She said it was because there was 31 days in that month that it was for 16 days and she has to add 8 hours. I was paid 96 regular and 49 overtime. Is this right on a semi-monthly pay? I have never been paid this way.

Asked on August 21, 2012 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your company appears to misunderstand overtime law. Overtime has nothing to do with how many days in a month or how the company pays (e.g. weekly, biweekly, semimonthly, etc.). Under the Fair Labor Standards Act (FLSA), non-exempt employees, which includes all hourly staff, are paid overtime whenever they work more than 40 hours in a single workweek, regardless of when or how pay is processed.

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