My choice for less than 40 affects overall overtime? Utah

[from_mars]

I've already replied to a posting, and I appreciate the prompt respnse. I have another clarifying question that is a result of my conversation with my boss today. I've been told from this forum that with 35 hours one week and 48.75 hours the next on a bi-weekly pay period I should receive 8.75 hours OT on my paycheck. My company's accountant told my boss that since it was my choice to only get 35 hours the first week the 8.75 hours OT from the second week roll over to the first to give me a full 40 for both weeks and 3.75 hours OT for the pay period. I did choose to take a day off the first week. Does my decision for a day off affect the amount of OT I'm entitled to?

[DAW]

Not really. There are any number of possible exceptions to the overtime rules, but nothing you have said stands out as very likely, and the legal burden of proof is on the employer to show that an exception exists.

http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. ... Averaging of hours over two or more weeks is not permitted.

[cbg]

And for future reference, your employer is NOT obligated to allow you to work overtime. So if in some future pay period they decide to send you home early so that you don't go into overtime status, that is completely legal.

[from_mars]

Hey thank you for the info...very much appreciated.