What constitutes an overtime law violation?

UPDATED: Sep 30, 2022

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What constitutes an overtime law violation?

Our work week runs from Wednesday through Tuesday each week. My employer has asked me payroll manager to pay all of our shop employees 8 hours of work on Tuesday, the last day of the week. he wants them to come in on the following Saturday to work those 8 hours. All the employees will no doubt hit overtime in this next week, unless I back out the hours worked on Saturday. Basically he is telling me to not pay overtime since they received payment for the hours worked the previous Tuesday. Does this violate FSLA or state labor laws. It sounds like it would.

Asked on August 2, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have to keep accurate and pay based on accurate time logs. You cannot attribute hours worked one day, or one week, to another day or week--again, under the labor laws (e.g.the Fair Labor Standards Act or FLSA) you have to pay based on an accurate record of when the time was worked. If during your normal workweek (e.g. Wed. of week one to Tuesday of week two), hourly employees in fact work more than 40 hours, then must be paid overtime all time worked past 40 hours.

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