Employment Law Questions? Ask an Employment Lawyer.
In short, no. If a person works over 40 hours in one week and they are a non-exempt (hourly) employee, then they must be paid overtime for that particular week. What they do in the subsequent weeks in immaterial. They cannot deduct hours in the next month to pay you back. Moreover, they cannot deduct hours from the following week even. If you work over 40 hours in one work week, you are owed overtime payment and time and a half for every hour you work over 40 hours when you are paid by the hour.
This is well established with the US Department of Labor. If the employer has breached this legal requirement, you can file a complaint against them with the US Department of Labor.
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By the way, I am a licensed attorney with over a dozen years of employment law experience.
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