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JP3
07-21-2008, 06:38 AM
For the 2- week period I worked 80 hours. 20 hours occured on week 1 while 60 on week 2 of the pay period. Am I due Overtime pay for the hours worked over 40 on week 2?

DAW
07-21-2008, 07:45 AM
What industry is your employer in? And what are your duties?

JP3
07-21-2008, 09:10 AM
Non Emergency Ambulance Company

Dispatcher

DAW
07-21-2008, 09:28 AM
I can see nothing in your industry or duties that would go around the normal overtime rules. It is possible that your employer can argue that they are not subject to the FLSA laws, although that is legally a difficult argument to successfully make.

Overtime rules. (http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf)

FLSA coverage rules. (http://www.dol.gov/esa/whd/regs/compliance/whdfs14.pdf)

C.A.H.
08-04-2008, 03:00 PM
I agree with DAW. As long as you are non-exempt, the fact that you're paid for two weeks at a time is irrelevant to whether you're owed overtime for one of those weeks in which you worked 60 hours. What matters is whether you worked over 40 hours in any "work week," defined as a consecutive 7 day period set by the employer (ex., Mon. - Sun.). If so, you're entitled to overtime for that work week (and any other work week in which you worked over 40 hours within the applicable statute of limitations).

You can file a claim with the Department of Labor to recover only your unpaid overtime, or you can hire an attorney to bring a civil suit for unpaid overtime plus liquidated damages. Go to www.nela.org to find an attorney that represents employees in wage and hour matters.

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