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PA Overtime and the 40 hour work week

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  • PA Overtime and the 40 hour work week

    A friend of mine is concerned about how his employer recommends how they utilize their daily overtime. He asked me to research, and this seems to be the best place to find out.

    Basically, he is scheduled to work 8 hour days, 5 days a week. Whenever they get into a situation where they have to work 9 or 10 hours in one day, they are told to cut their time later in the week, to ensure they don't go over 40 hours that week. He thinks that may be illegal, or wrong for them to have them do this. He believes he should get paid time and 1/2 for those hours he went over the 8 hour work day, and they can't make him work shorter hours in those other days.

    I told him it wasn't. BUT if he worked 45 hours one week and they made him work 35 the next week... that would be wrong!

  • #2
    You are correct. PA does not have a daily overtime law. If the employer wants to shorten an employee's work day later in the week to avoid having the employee go over 40 hours they can do so. Tell your friend to just enjoy the early day off.

    BUT if he worked 45 hours one week and they made him work 35 the next week... that would be wrong! ----If this occurs then the employer MUST pay the employee for 5 hours overtime for the week in excess of 40 hours. The employer cannot roll over the 5 hours into the next week and count that as straight time, that is illegal.

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    • #3
      Okay. If the employer does pay the 5 hours of overtime, what if he still shortens the next week to 35... is that legal?

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      • #4
        Absolutely.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Thanks, you guys are the best!!!

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          • #6
            Question:

            What constitutes a work week in reference to the specific Federal 40hr a week regulations?

            Question:

            If an employer calls a work week Tuesday through Monday, and Tuesday is the 15th of some month closing out the pay period. Would overtime be applied to time I worked over 40 hours between Tuesday the 15th and Monday the 21st of that same month?

            Or does the OT only apply to a work week that falls within a certain pay period?

            Any help would be appreciated

            Thanks All

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            • #7
              It would have been best to have started your own thread for your questions rather than tack on to a thread that is over a year and a half old.

              However, the work week is whatever 168 hour period the employer defines it to be. It could begin at midnight on Sunday, at noon on Friday or whenever the employer desires it to begin (but, once set, it is pretty much fixed).

              Overtime applies when you work more than 40 hours in a work week. The pay period is not relevant.

              The problem with semi-monthly payrolls (paid twice a month) is that the pay periods are almost guaranteed to contain parts of three work weeks.

              In your example, the pay period includes the 15th and that is the only day of the work week included. The other six days will be paid on the next pay period.

              Let's say that you worked eight hours on the 15th and, in the remaining six days of the work week (15 - 21), you put in another 40 hours.

              When the company runs payroll next time, it needs to take into account that you had overtime for the work week and have not been paid for it, so they would have 8 OT and 32 straight for that work week, plus whatever other hours you had for the rest of the work weeks included in that pay period.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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              • #8
                Thank You Scott,

                I looked for the way to post my own new thread but got frustrated, I replyed to this thread because it seemed to be the general area of my question.

                Your answer was very helpful

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                • #9
                  Originally posted by AllWorkNoPlay View Post
                  I looked for the way to post my own new thread but got frustrated,
                  Very simple. "New Thread" button at the left of the screen, near the top. For next time.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    I have a friend who just got back from an interview where he was asked if he could work at least 10 hours of over time a week, and he said no because he and his wife just had a child a week ago, plus he is in the military reserves. The interviewer said to him well this interview is over once he said he couldn't, is it legal for them to not hire you just because you can't work the overtime?

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                    • #11
                      workinman, in the future, please start your own thread, instead of hijacking one over three years old, especially when the cirumstances surrounding the issue are different.

                      But, the short answer to your question is yes, they may do so.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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