If a part-time employee reaches 40 hours the first week, do they qualify for overtime if they work 40 additional hours the second week?

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If a part-time employee reaches 40 hours the first week, do they qualify for overtime if they work 40 additional hours the second week?

Asked on February 8, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Employees who are not exempt from overtime--which includes essentially all hourly employees--are paid overtime when they work more than 40 hours in a single work week. Overtime is calculated on a week by week basis--you  do not add hours across weeks to find if you are owed overtime. For purposes of overtime law (e.g. the Fair Labor Standards Act), it is irrelevant whether you are called part time or full time; all  that matters is whether you worked more than 40 hours in a single week.


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