Overtime is anything after 40 hours right my employer does not agree since we get biweekly pay?

Question

Overtime is anything after 40 hours right my employer does not agree since we get biweekly pay?

Answer 1

Depends on the company.  At one place I worked, overtime was considered anything over 37 hours.  Another place considered overtime anything over 8 hours per day.  Usually your employer has you sign documents upon your employment.  If you signed something that specifies overtime, then you have no choice but to stick to the contract.  Good luck.

Answer 2

Under the Fair Labor Standards Act, your employer MUST pay non-exempt (i.e., hourly) employees time-and-a-half on hours worked over 40 in one workweek.  There are certain exceptions, which are spelled out in tedious detail, but biweekly pay is NOT one of them.  Tell your employer to look at the Dept of Labor web site:

Answer 3

Your employer is right. How overtime is figured depends on the company and how their pay schedule is set up.

Answer 4

How often and in what manner you are paid has nothing to do with determining what is overtime.

That is governed by federal and state laws.

Federal law for non-exempt (hourly) workers is anything over 40 hours a week, but some states pre-empt this by saying that anything in excess of eight hours a day is overtime regardless of how many hours are worked in a week.

I would contact the local office for your state labor governing body.

Answer 5

Check with your Workforce Office. They should know what your state laws are.  If not contact a workers comp lawyer and ask.