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View Full Version : WA Overtime -days off switched-consecutive days


khughes
09-25-2005, 09:07 PM
My days off have been switched for a couple of weeks in a row, so that I went from having Sunday Monday off during one week, and then they were switched to Wednesday Thursday the next week in one two week pay period.

That means I worked eight consecutive days (64 hours) before the next days off.
And then the days off were changed again the following week.

Should I be getting overtime past the 40 hr point? It feels like I'm getting yanked around by the company saying "it falls within the pay period" to avoid having to pay ovetime.

Thanks
Kim

Pattymd
09-26-2005, 04:55 AM
It is not the pay period that is the issue, but the definition of the workweek. The employer must define a fixed 168-hour (7-day) workweek, and that is the basis for determining whether overtime is due. If your span of work stretched over two workweeks, but was not in excess fo 40 hours during the defined workweek, no overtime is due. Do you know what the employer has defined as the workweek?

khughes
09-26-2005, 12:42 PM
The employer has defined the work week as Sunday through Saturday.

And thanks for your reply- you have a great resource here and your empathetic ear is greatly appreciated for those of us who may not have a legal basis for complaint--but in many cases do have a moral basis- it's just nice to know that people care in what can sometimes be an uncaring work environement.

Pattymd
09-26-2005, 03:02 PM
Assuming you are a nonexempt employee, you must be paid overtime for any hours worked in excess of 40 in the workweek. But since each workweek stands alone, here is what you have:

1st week, worked Tuesday through Saturday
2nd week, worked Sunday through Tuesday

So, if you worked over 40 hours broken down as above, you would be due overtime pay. Each workweek stands alone. It is very possible that your schedule is being changed to avoid paying overtime, which is the employer's perogative and actually, makes good business sense, although I agree it's hard on the employees.

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