okay here is the situation..

In the state of virginia. I am a temporary Employee on assignment to a company. the company has scheduled me to work 7 days consecutively, 8 hours per day. Monday Through Sunday. The temporary agency has their payperiod set from monday-sunday and the company has their payperiod set saturday through friday. Im not sure that a pay period is the same as a work week, it seems that i should get overtime because the days are consecutive, though the payout could be split over 2 pay periods.

Now.. Everything in the federal labor law information i can find says that a workweek is defined as 7 consecutive 24 hour periods. and any time over 40 hours within the 7 consecutive 24 hour periods is to be paid at over time.

I should get overtime right?

A pay period is not necessarily the same as the defined workweek, although it would be administratively problematic if it were. So, let's assume for argument's sake that it is; your employer is the staffing company and it's the staffing company's definition of "workweek" that would control.

So, if the pay period, and probably, therefore, the "workweek" is Monday through Sunday, then you should be getting overtime for all hours worked over 40 in that 7-day period. The client's defined workweek is irrelevant.

Have you received your paycheck for this particular pay period yet? Do you have any reason to believe you're NOT going to get overtime pay?

I am scheduled to work this this weekend.. And i have inquired of the staffing company who are "investigating" they pretty much told me that they allow the company to follow their pay periods.. however.. the company is pretty much telling me that the 7 days would be split into 2 pay periods and i would only get 2 standard pay checks because of the pay period ending..

but I dont see how that should matter if the days are consecutive and the federal labor law act states that a wok week is defines as 7 consecutive 24 hour periods. and Anything more than 40 hours within 7 consecutive 24 hour periods should be paid at time and a half
...

?? hmm?

It could matter, though, depending on what hours you are scheduled to work in the following workweek.

Your staffing company is wrong. THEY are your employer and THEY must have a defined workweek and pay overtime in accordance with THEIR workweek definition. The employer cannot temporarily "redefine" their workweek to avoid paying overtime. They can't flip back and forth depending upon which client the employee is working for at any particular time.

Determining the workweek
An employee's workweek is a fixed and regularly recurring period of
168 hours--seven consecutive 24-hour periods. It need not coincide with
the calendar week but may begin on any day and at any hour of the day.....Once the beginning time of an employee's workweek is established, it remains fixed regardless of the schedule of hours worked by him. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade the overtime requirements of the Act.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.105.htm

but I dont see how that should matter if the days are consecutive and the federal labor law act states that a wok week is defines as 7 consecutive 24 hour periods. and Anything more than 40 hours within 7 consecutive 24 hour periods should be paid at time and a half
...

?? hmm?


This part isn't quite right. Yes, the feds define a work week as 7 consecutive 24 hour periods, but that doesn't mean any 7 day period. It is up to the employer to DEFINE that 7 day period. You stated in your first post that the agency you work for is Monday to Sunday. You stated that you are working 8 hours a day Mondy to Sunday. That would be 40 hours regular time and 16 hours of overtime.

Now, if you're not correct, and your agency's work week is, say, Wednesday to Tuesday, then you'd be paid for Mon & Tues, 16 hours for that "week". And then for Wed through Sunday, 40 hours, for that "week".

at a 3rd party's establishment but my paycheck is being put forth by a payrolling company then is it so that i should go by their pay schedule.. ?

I am not sure what you mean by a "payrolling company". I have used ADP for several different employers. ADP last I heard is the largest payroll service provider in the U.S. and ADP did what the employer (me) told them to do. ADP neither knew or cared what our work week(s) were. ADP just followed instructions given to them by the clients (employers). If any of these employers failed to follow the work week rules, DOL would have been very clear that it was the employer's fault (not ADP's).

I agree with the other answers that the staffing agency is your employer of record and the staffing company is 100.0000000% responsible for complying with all IRS and DOL rules.