i work for a warehouse in south carloina the person i work fordoes not pay after 40hrs at all iwork 42hrs and only get paied for 40 i am told to us the time for lost time on other days he saids he does not pay for ot at all can he do this
sad but happy

You have to be paid for all the time that you actually WORK, and you have to be paid overtime for any hours over 40 in a workweek.

However, if you missed time during the week you don't have to be paid for it.

So if, for example, you left two hours early on Tuesday and then worked two hours late on Friday, the time would balance out and you'd only get paid for 40 hours, since you only WORKED 40 hours. But if you ACTUALLY WORKED 42 hours, you have to be paid for 42 hours.

FYI, vacation time, sick time and personal time doesn't count. Overtime gets calculated on time worked, not time paid.

I am in a very similar situation as the original poster.The trucking comany I work for list me as a driver,when I mearly work in one of the comapnies warehouses.I do enjoy my job,but miss the lack of overtime pay when I have overtime.While I dont mind leaving early or using OT for emergencies and such,there are times when I could use the money,and being a single parent I could all the money I can get. Is it legal for them to list me as a driver with this comany in order for them to get out of paying me OT,and if so how do they get by not paying truck drivers OT as well? I know several drivers have complained of not getting full pay for OT, but only get their regualr hourly wages for up to 50 hours.Any help would ne greatly appreciated.TC

You have to be paid for all the time that you actually WORK, and you have to be paid overtime for any hours over 40 in a workweek.

However, if you missed time during the week you don't have to be paid for it.

So if, for example, you left two hours early on Tuesday and then worked two hours late on Friday, the time would balance out and you'd only get paid for 40 hours, since you only WORKED 40 hours. But if you ACTUALLY WORKED 42 hours, you have to be paid for 42 hours.

FYI, vacation time, sick time and personal time doesn't count. Overtime gets calculated on time worked, not time paid.

That is assuming the employee is HOURLY and not salary.

We normally assume a poster who says they aren't getting overtime knows that they are supposed to get overtime, unless the post implies that they don't know. Otherwise, the majority of them wouldn't be asking.