Evergreen, CO asked in Employment Law for Colorado

Q: If you work 45 one week and 37 the next week is it legal to be paid 80 hours regular pay and 2 hours of overtime?

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1 Lawyer Answer

A: Under the Fair Labor Standards Act, hourly-paid employees must be paid overtime at a rate of one-and-one-half times their regular rate of pay for all hours worked over 40 in a workweek. A "workweek" is a 7-day period (it can begin/end on any day of the week but spans 7 days regardless). In your situation, if you worked 45 hours over a 7-day workweek, you must be paid 5 hours of overtime regardless of how much you worked during your second workweek.

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