Q: Can an employer avoid overtime pay?
We were recently acquired by another company. I currently work three 12-hour shifts per week for a total of 36 hours. This new entity wants me to work a fourth 12-hour shift once a month, so I would have three weeks at 36 hours and one at 48 hours. This entity is trying to claim that I am not entitled to 8 hours of overtime pay for the 48-hour week because the other three weeks are only 36 hours, so it "evens out." I am an hourly employee, not salaried. Is this legal?
A: There is no “evening out” under federal or state overtime law. Each week is separate so any week where you work more than 40 hours you are entitled to overtime pay, even if you worked less than 40 hours in other weeks. You need to consult with an experienced employment law attorney. Feel free to contact our firm.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.