Hazleton, PA asked in Employment Law for Pennsylvania

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?

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1 Lawyer Answer
Andrew S. Abramson
Andrew S. Abramson
  • Blue Bell, PA
  • Licensed in Pennsylvania

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.

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