rolling 24 hour overtime and workweek

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rolling 24 hour overtime and workweek

If you work more than 8 hours in a 24 hour period but that 24 hour period crosses from one workweek to the next workweek, do you still qualify for overtime? Example Workweek is Monday to Sunday. You work 2pm to 10pm on Sunday, then work 6am to 2pm on Monday. Do you get 8 hours of overtime?

Asked on April 26, 2018 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the employer makes less than one-and-a-half times minimum wage, they get overtime for working more than 8 hours in a 24 hour period.  Such an employee would receive overtime for the hours past 8 in this 24-hour period, since the workweek is not relevant to the obligation to pay overtime to those earning less than 1.5 times minimum, when they work more than 8 hours in 24.
If the employee earns more than 1.5 times minimum wage, then hours worked in any given 24-hour period are irrelevant: all that matters is how many hours are worked in a work week. Such employees get overtime for working more than 40 hours in one work week, regardless of hours worked in any 24-hour period.


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