Is overtime pay based on the amount of hours reached in a calendar week or consecutive days worked?

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Is overtime pay based on the amount of hours reached in a calendar week or consecutive days worked?

I am paid semi-monthly. I have been working about 110 hours per period for a few months, onlyreceiving 2 hours of that paid as overtime. Is there any circumstance where this is legal?

Asked on March 16, 2018 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Overtime is based on hours per work week. A work week is usually a calendar week (Sun. to Sat.) but could be some other week (e.g. Wed. to Tues.) so long as that is the consistent definition or use of the term. However, the week is defined, when the employer works more than 40 hours in a week, she or he gets overtime pay for all time past 40 hours. Only hours/week matters, not number of days in a row.


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