I am on the management staff at a female clothing retail store in Connecticut. Our overtime pay is one half (not one and one half) of our usual pay rate. I am working an hourly rate, i.e. not salaried.

So if I'm usually paid $10/hour, when I'm working overtime I get paid $5/hour.

Is this legal? I'd be shocked if this major corporation with their huge legal team on retainer was in the wrong. Yet something seems fishy.

Thank you in advance,

Kenny

It sounds like you are a nonexempt employee being paid on a fluctuating workweek pay method. See the post immediately above yours. Then post back if you have more questions. It CAN be legal if the criteria are met.

We are scheduled for varying hours but always over 40 hours.

I know that other stores in the same chain but in other states are paid 1 1/2 regular wages for overtime. That's what confuses me. I take it the nonexempt law is national?

Thanks.

Yes, it's the Fair Labor Standards Act. If you always work at least 40 hours in a workweek, the employer cannot pay you using the fluctuating workweek method. Even though it is a federal law, you would file a claim for unpaid overtime wages with your state Dept. of Labor.

Thank you, I will look into it.

I have a question about this:
What if you are working more than 40 hours every week and then you take a couple paid days off; would this be enough to make you fall under the "fluctuating workweek" scenario?

No, it wouldn't.