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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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What if you are working 48 hours a week every week and every

Customer Question

what if you are working 48 hours a week every week and every other month you only get paid 36 hours a week can they do that?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 10 months ago.

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.

Let me know if you have any other questions or comments. Please rate my answer positively (three or more stars) as well so I can receive credit for my answers.

By the way, I am a licensed attorney with over a dozen years of employment law experience.

Best wishes going forward!

Customer: replied 10 months ago.
I will give my answer 5 stars thank you very much
Expert:  Delta-Lawyer replied 10 months ago.

Thank you so much. There is a ratings interface on your end in which you can rate my 5 stars and it will be registered. I appreciate you and let me know if you need anything else.

Expert:  Delta-Lawyer replied 10 months ago.

I have not received a notice that the 5 star rating went through on the ratings interface on your end. Just making sure that all was well, because I want to make sure your rating is recognized. Thanks!

Expert:  Delta-Lawyer replied 10 months ago.

Just checking to see if you have any additional questions. I want to make sure you are as comfortable as possible as you move forward. Thanks!

Expert:  Delta-Lawyer replied 10 months ago.

Just checking in again. This is important to me because it is important to you. Let me know if you have any other questions. Thanks!