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aramirez15
03-31-2009, 06:02 PM
currently my job pays me on the 16th and 21th of each month. So it is not every other week. Am I supposed to get paid overtime based on anthing over 40hrs in a week. Please help

DAW
03-31-2009, 06:24 PM
Apples and oranges.
- Overtime under federal law (FLSA) is a function of hours worked past 40 in the workweek. The overtime calcuation is legally unrelated to when the employee is actually paid.
http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf
- "16th and 21st" is an odd payment cycle. I can say that when employees is paid is a function of state law and is legally unrelated to the overtime rules. According to my reference book, required payment frequency in TX is Semimonthly at equal internals; monthly for FLSA exempt employees. The Lag Time Before Pay is 1st and 15th are paydays if employer does not designate others. Past that, the TX-TWC could probably give you better information.

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