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It depends upon how they have set up their payroll. It can be set up either weekly or biweekly. If the payroll is weekly then everything over 40 is OT, if a biweekly payroll period (not just get paid every 2 weeks) then it is over 80 or more then 8 hrs /day.
Double check with Federal wage an hour but to my memory it is legal
Where I work
Originally posted by DebyanelsworthIt all depends on the facility, some pay overtime after 8 hrs, most by the week anything over 40 hrs, never heard of over 80 hrs. The weasels what will they try next? deb
I worked 80 hours/a fourth night,that like 40/wk athimes I get called in extra in that week but aslong I don't get over 80hours/2 Weeks they are not oblige to pay me overtime.Check your Contract,every facility differs.
Federal Law, the Fair Labor Standards Act (FLSA), trumps state law.
Some of the ways that health care facilities (especially skilled nursing ones) cheat workers
out of their overtime is:
1) Tell you to arrive early for report and THEN clock in.
2) Interrupt your lunch hour - even for a minute - then you are entitled to be paid for the hour
3) Make you attend meetings off the clock
4) Tell you to clock out and finish your charting or other work
5) Tell you to clock out and do the narcotics count
6) Tell you to clock out and wait for your relief.
They always threaten you with the loss of your license if you don't stay.
A group of Texas nurses has filed under the Fair Labor Standards Act to collect their overtime.
Although it talks about LVN's, documentation suggests that Med Aides, CNA's, housekeeping,
and food service will join in to collect their back money
It looks like the suit is expanding nation wide to many skilled nursing facilities.
Read about it here:
Well get a load of this...HCA is pulling a new trick. When you work on an 80 hour pay period and have one 8 hour vacation day scheduled they replace that scheduled vacation day with your overtime and pay ALL straight time (unless you have more than 8 hours of overtime). Is that even legal???
In response to Ocankhe (above) when I read the Wage and Hour Laws it states that for a 80 hour pay period they must pay the HIGHER of either 80 hours per pay period or 8 hours per day. It appears that they must still pay overtime if you work EITHER more than 8 hours in any one day or more than 80 hours in an 80 hour payperiod.
From the U.S. Department of Labor:
"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. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned."
If you think you are being cheated, you can file a complaint with the labor department. I did it back in the eighties, and yes, they really do keep your identity secret as well as those of any other employees questioned. I and all of my co-workers received checks for $2,000, the maximum allowed by law at the time for workers cheated out of overtime.
Kayzee
218 Posts
I work 5 days a week, and get paid every 2 weeks. Now, when i work over 40 hrs. in a week, shouuldn't i receive overtime for that week? My co. just adds everything together for the 2 weeks. What so you think about this? is this common?