What is my recourse if I’m hourly but not getting paid over time?

UPDATED: Oct 1, 2022

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What is my recourse if I’m hourly but not getting paid over time?

I am an hourly employee in a private health care facility and have not recieved overtime for hours

worked beyond 40 in a work week Mon-Fri. I am considered a full-time employer and our pay is done twice a month. My last check was for 13 days. The first 3 Wed-Fri I was on vacation with no pay. The last 10 days were 2 straight Mon-Fri work weeks where between those 2 weeks I worked 84.62 hours. On my paycheck there was no overtime paid. I asked around and was told they don’t give overtime. I thought that was illegal.

Asked on September 8, 2017 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Vacation time is not considered for calculation of overtime; overtime is only based on actually *working* (not being paid for vacation, sick leave holidays, etc.) more than 40 hours in a week. (And that's the other thing: overtime is based on weekly hours worked, not time over a pay period; evaluate hours week by week.) If in a week you actually *worked* more than 40 hours, you should have received overtime; if you did not, you could file a wage and hour complaint with the state or federal department of labor. But if you did not actually work more than 40 hours in a single week, you were not owed overtime.

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