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overtime in SC

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  • overtime in SC

    My daughter works in a hotel as a receptionist. Her boss had her working overtime but her told her that the hours that is overtime will be rolled over to the next paycheck I know he is doing this to avoid paying the overtime. Is this right. I don't know if he is changing the payweek. I do know he pays her ever Thursday. And if this is wrong can she legally tell she can't work the extra hours unless she gets paid these hours? This person is always finding ways of cutting corners. She really likes this job and does not want to quit.

  • #2
    Each workweek stands alone and hours cannot be "rolled over" into the next workweek in order to avoid paying overtime. That is a violation of federal wage and hour law (South Carolina has no such law of its own, but is required to comply with federal law in this instance). She can show him this:
    http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

    The only issue then, is what seven-consecutive-day period the employer defines as the work week (which they must do). That is the period that is looked at to determine if overtime is due because the employee worked more than 40 hours in that period. The following brochure gives contact information regarding questions and claims for overtime pay.
    http://www.llr.state.sc.us/pidocs/empbro.pdf
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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