Published Aug 4, 2015
Lpngal2015
12 Posts
Hey guys!! so I've worked 8 days straight for 8 hours each day and they've called me on my days off . Would that be considered overtime?
TheCommuter, BSN, RN
102 Articles; 27,612 Posts
This is a question you'd need to ask your employer. If the pay period ends on a certain day, you might not receive a dime of overtime pay.
Let's pretend that the pay period ends every Sunday, and each new pay period begins every Monday. If you worked Thursday, Friday, Saturday and Sunday, then worked Monday, Tuesday, Wednesday and Thursday, you'll be working eight days in a row without overtime pay.
ddunnrn
231 Posts
Federal labor law states that, unless you are exempt from overtime, which is very unlikely, any hours more than 40 in any given 7 day period must be paid overtime. The pay period dates do not matter, but many employers try to get over on employees who don't know the law. If you have worked 8 days straight of 8 hours, at least 16 of those hours must be overtime, regardless of where the pay period boundaries are. Google federal labor laws and download the rules regarding wat is paid time, overtime, on call time, etc. I always kept a copy handy when my employers tried to deny me proper pay. They really don't want the Feds involved, because they will check every employee's pay retroactive for several years to find violations, if they get involved.
JustBeachyNurse, LPN
13,957 Posts
Sorry it's not calendar week but pay week as published by the employer. Some states may be more strict such as OT for hours over 8 per day or 40 per 7 calendar week. But federal law is work week.
Overtime Pay - Wage and Hour Division (WHD) - U.S. Department of Labor
Wage and Hour Division (WHD)Overtime PayOvertime PayOverviewThe federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees
Wage and Hour Division (WHD)
Overtime Pay
Overview
The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.
The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees
Fiona59
8,343 Posts
Are you union?
My contract allows for seven shifts back to back at straight time. Any after that are on double time. BUY you must inform the employer that you are on OT at that point. If you volunteer to do it at straight time that's your business but you are violating your employment agreement.