What is the law regarding overtime pay?

UPDATED: Oct 1, 2022

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What is the law regarding overtime pay?

My employer only pays 4 hours OT no matter how many hours over 80 a person works. He is now making his

employees fill out a new timecard when they reach 80 hours and said now he is not even going to pay the 4 hours of OT and he says this is legal. Is this correct or not?

Asked on December 12, 2018 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This is not even remotely legal. Overtime is based on WEEKLY hours (not pay period hours): any week a non-exempt employee works more than 40 hours, he or she must be paid overtime for all time worked past 40 hours. Period--that's the law (e.g. the Fair Labor Standards Act). Employers may not get around this by having employees file out a second or new time card. You could contact the department of labor to file a complaint for your unpaid overtime.

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