What is my recourse if I’m hourly but not getting paid over time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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.