I’m getting straight time for ot. Male coworkers are getting time and a half

UPDATED: Sep 30, 2022

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I’m getting straight time for ot. Male coworkers are getting time and a half

Recently a coworker and I both worked a
Saturday. He worked 6 hours and I
worked 6 hours. He got time and a half
but I just received straight time. They
said it was because I had a day off
during that pay period. Ok, but my male
coworker also had time off the same pay
period. This has happened before to me
twice and they always have an excuse

Asked on February 18, 2017 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are being treated worse or differently than a male employee, you may have an employment discrimination claim; if you do, you can take it to the federal Equal Employment Opportunity Commission (EEOC) and may be entitled to compensation for the discrimination.
Make sure you actually do have a claim. For example, your employer is correct that holiday  or vacation time is NOT counted in determining overtime. Even if your male colleague also had time off, it's possible he worked more that week and so earned overtime--overtime is only for working more than 40 hours in a week. For example: say you had 8 hours of paid holiday or vacation time on one day during a week, and on the other 4 regular workdays plus Saturday, worked a total of 38 hours that week--you would not get overtime. If your male colleague had his day off during a different week that pay period, but during the week you worked on Saturday, he worked 40 hours during the week and 6 hours on Saturday, he would in fact be entitled to overtime; that is because overtime is determined *per week*, not per pay period. So depending on when he had his day off, he may well have been entitled to overtime when you were not.

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.

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