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Categorizing of time, preventing overtime pay Missouri

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  • Categorizing of time, preventing overtime pay Missouri

    I work for a healthcare agency and work 50-60 hours a week. Unfortunately, the company categorizes the time spent as Health Care or In-home companion. By doing this, they say that I don't qualify for overtime for hours worked over 40 during the week. For example, my pay statement may show 40 hours regular and 20 hours of in home companion, I am still working for the same company during the entire 60 hours. Why does this no qualify as 20 hours of overtime?

    Thank you for your reply..jsr

  • #2
    Overtime is a function of a federal law called FLSA. Congress in their wisdom however created A LOT of exceptions to the general overtime laws. Most of these exceptions are very industry specific. I have no background at all in your industry and have never had any reason to get good at the FLSA exceptions for your industry. What I am going to do is pull up my list of DOL factsheets which includes many of the industry specific exceptions. The chances that your industries rules are somewhere in there is pretty good. The problem is that there are several possible factsheets. I will take a wild guess at which sheet looks closest, but the key word is GUESS. You are going to have to read the sheet. If it does not sound right, then bring up the list and keep trying factsheets until you can find one that does sound right.

    http://www.dol.gov/esa/whd/regs/compliance/whdfs25.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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