Draper, UT asked in Employment Law for Montana

Q: My employer mandated me at 50 hours per week. My check does not reflect my actual hours, it says a flat 40 a week, lega?

I am mandated at 50 hours per week. I often work over than, sometimes 90 a week depending on staff. My paycheck says I only work 40 hours per week, is this legal for them to do, if not what law states so?

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1 Lawyer Answer

A: The Fair Labor Standards Act requires that employers typically pay their employees no less than minimum wage for all hours worked, and time and one-half their regular rate of pay for all hours worked per week in excess of 40. Unless you are subject to an exemption, if you are paid on an hourly basis and are not receiving at least minimum wage for all hours worked and overtime pay for hours worked beyond the 40 hours your employer is accounting for, you likely have a claim for unpaid wages. You should immediately consult with an employment attorney.

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