Is it legal to be denied overtime pay?
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Is it legal to be denied overtime pay?
I worked over 40 hours the first week of the pay period but did not meet 40 hours in the second week. I was denied overtime pay as a hourly wage employee because I did not work 80 hours in the pay period.Is this legal? The Dr office generates more than $500,000 annually. I did take 1 year of massage therapy education which includes medical related subjects. Can these allow for loop wholes to be used?
Asked on September 29, 2016 under Employment Labor Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
They (the employer) is misunderstanding how overtime is calculated: it is calculated PER WEEK, not per payperiod. So if you worked, say, 45 hours week 1, and 35 hours week 2, you are legally (e.g. by the Fair Labor Standards Act, or FLSA) entitled to overtime for week 1: week 1, you will get 40 hours of base pay and 5 hours of overtime, while week 2, you will receive 35 hours of base pay. If your employer wlll not pay you the overtime you are entitled to, you could contact your state's department of labor to file a wage complaint.
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