I am a licensed attorney here to help you with your question. I appreciate your patience while I respond to you. Please remember to only rate my answer when you are 100% satisfied. I strive to provide excellent service, so if there is anything else I can help you with, or if you need additional clarification, please do not hesitate to ask. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. If you feel that I am unable to do so, please inform me of such and I will be happy to opt out of this question so that another expert may better assist you.
The 40 hours goes from Monday to Sunday. This does not matter if you work holiday hours, or other hours overtime.
Welcome to the chat
i understand that but if i work 5 days a week and 12 hours a day would my weekly overtime start 4 hrs into thursday
Under the Fair Labor Standars Act (FLSA) the hours that are actually worked are used to determine whether overtime is paid. So, yes, as soon as you work the 41st hour, then you would entitled to time and a half.
so if my employer is telling me that it has to be 40 regular hours before i get weekly overtime that is wrong
Yes, that is correct. If they are refusing to pay your overtime, you should consider making a claim to the department of labor to pay you for all of the hours that you are entitled to
they pay overtime but 8 hrs a day regular and 4 hrs a day overtime and that is it so once i hit 40 hrs period it than becomes overtime and double time only
Let me provide you with a link which may give you some piece of mind that you can share with your employer. Please give me a few minutes
First, let me give you this page as it will answer many of your questions. I will see if I can find you something that is exactly on point for your question, however
If you go down to Typical problems it discusses this exact issue
thank you i also wanted to no over 8 hours is ot and over 12 is dt is there anything else cause my boyfriend just worked a 26hr shift
Those links should answer any question you could have. In response to this, he should have been paid dt from the 12-26 hour mark
There is no amount owed after dt. However, if he is not paid and files a claim he could be paid treble damages (3 times what he is owed) if he can prove that the denial of wages was willful
I hope I have provided you excellent service. Before you go, please do not forget to take the time to rate my answer as one of the top three faces as this is how I receive credit for my time with you.
ok and one more thing as far as travel pay the law states travel pay can be at any pre determined wage as long as it doesnt go below min wage but if they pay you your normal wage do they still have to pay ot and dt
Are you asking if he is paid for travel time as time worked, is he entitled to the normal overtime and double time wages as established by law?
Yes, the same rules would apply as it would be considered to be time worked.
Let me also give you one more thing in case you believe you would rather hire an attorney than file a claim through the DOL
If you decide to hire an employment attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.
thank you very much you get an excellent rating you were extreamly helpful and very prompt have a great night
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).