Q: Can an employee work you a 101 hrs in a pay period without paying you any over time
A:
It depends on how many workdays and workweeks are in your pay period. Overtime is not calculated on number of hours in a pay period.
You are entitled to time and a half overtime any time you work more than 40 hours in a particular workday, or more than 40 hours in a workweek, or for your first 8 hours on the seventh consecutive day of a workweek. You are entitled to overtime if you work more than 12 hours in a workday, or after the first 8 hours of the seventh consecutive day you work in a workweek.
If you add up your hours using the above rules, and you should have been paid overtime, then it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Joseph Franklin Klatt agrees with this answer
A: If your pay period is twice a month or once every two weeks, then that number of hours will put you into overtime. Mr. Pedersen's answer is more specific as to the details on the ways you can get into overtime territory, but 101 hours in two weeks will necessarily put some portion of those hours into overtime (presuming you are a non-exempt employee). If you are paid monthly, it could be OT, and it could be OK. You are best off looking for a local employment attorney that is fluent in "wage and hour" cases. She can tell you what is OT and what is not, and can do the other related analyses for a wage an hour claim. This area of law can be quite technical, and you are best served by retaining a local employment attorney. In many cases of this type, you can recoup your attorney's costs and fees from the employer, provided you can prove your case.
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