so i work in the restaurant business, and i get paid twice monthly on the 5th and the 20th. if my last paycheck i worked 100 hours doesnt that mean that im entitled to 20 hrs overtime? my check says that i got 2 hours OT and 98 hrs regular pay, am i wrong or am i getting screwed out of 18 hrs OT?
NOTE: my employer said that OT is calculated Mon-Sun not within the pay period (1-15 or 16-end of the month)
Update:thats the thing in that period specifically july 1-15 i worked 6 days both weeks so i dont understand how i dont get overtime.
should i just go to the labor dept?
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Yes, you definately have OT coming. I'm an employer and I tried to figure out a way that your boss got you to work where it didn't equa overtime. Its not possible. The bottom line is, if you work more than 40 hours in any given work week (Mon-Sun), you get OT. Its not possible to work 100 hours over 2 weeks and NOT get OT. You'd have to work OT in one or both of those weeks (40 one week, 60 the other; 50 in one week, 50 in the other; 48 in one week, 52 in the other) to come out with 100 hours over two weeks. As for working 6 days, that in and of itself doesn't matter...as long as you're still at 40 hrs or under for the week. You could work 7 days a week, but if you only work 5.5 hrs a day, you'd be under 40 hours with no OT. I'd go back and talk to my boss again and if he doesn't fix it and pay you your retroactive OT (hope you kept good records), I'd go to your state's Wage and Hour Dept to file a complaint. Note: When you do that, be prepared to be treated differently at work by your boss and possibly fired. Of course then, you could sue under your state's whistleblower statutes. Good luck.
You have AT LEAST 20 hrs overtime. That is assuming you worked 40 hrs both weeks. If you worked 70 and 30, you should get 30 hrs. overtime. they are seperate
You should talk again with your employer, this is a serious problem..you should receive your money for your OT