Hello,

my fiance recently started a new job in his usual field, carpentry. He's received a couple of paychecks from the company, but he just received the first one that he worked enough hours to earn overtime. He is paid on the 1st and the 15th of every month, which makes the days in the pay period fluctuate, it is very confusing because the pay week always starts on a different day. We anxiously waited for this check to see exactly how they figure the overtime as his one boss told him they used to pay it by day, but he was getting screwed, so now they pay it by week, which is completely understandable, if you can find out when the week starts. This paycheck was for 6/1-6/15, so as I said, I don't know how that would work since depending on how many days are in a month, the days in a pay period could be anywhere from 13-17, you turn in the hours and then have to wait another full pay period to get paid for those hours. Anyway, for this pay period, he had 108 hours and they paid it all at his regular rate, we thought it was a mistake, but he questioned his other boss today and he said they "don't normally pay overtime." he would like to have all the facts before he addresses this issue futher as he likes his job, but he already took a pay cut and now they don't even pay overtime so there's no way to compensate for the cut. Could you please give us some advice on this? Thanks!!

The employer is required by law to pay overtime on the basis of a fixed workweek of seven days. Most companies use Sunday through Saturday but they are not required to use that; they can use Monday through Sunday, Thursday through Wednesday, any combination they like. But they MUST have a fixed, seven day work week.

(This is completely separate from the pay period. A semi-monthly pay period, such as you describe, is legal, but as you say it makes it confusing because of the number of days involved.)

You MUST receive OT on the basis of every hour over 40 that you work during the fixed work week. NOT on the basis of how the hours in the pay period, but on the hours over 40 during the work week.

It is not legal to not pay overtime. For a non-exempt employee, any time the employee works more than 40 hours in the work week, overtime is mandatory. The employer does not have the option of not paying it. (However, the employer is not required to allow the employee to work overtime - he may legally require the employee to limit their hours to 40 in the work week so that they don't earn any OT.)

If your fiance is working overtime and not being paid for it, he should file a complaint of unpaid overtime to the state DOL.