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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5204
Experience:  Exclusively practice labor and employment law.
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I am paid every 2 weeks by my employer. Last pay period I

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I am paid every 2 weeks by my employer. Last pay period I had 2 days (16 hours) vacation pay but I also had 73.58 hours actually worked on the clock. My employer paid me straight time for the 73.58 hours and straight time for the 16 hours of vacation time. Should the 16 hours vacation and the first 64 hours worked be straight time and the last 9.58 hours actually be time and a half? What is the correct tipping point for O.T. to start?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time, at will.
JA: Anything else you want the lawyer to know before I connect you?
Customer: It would also be helpful to know if O.T. is to be calculated at the end of each 40 hour week or after 80 hour , 2-week period.

For every hour over 40 per workweek, you are owed overtime. Hours not worked but paid, like vacation or sick time, does not count toward that 40 hour threshold. The tipping point, so to speak is the 41st hour of the workweek.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 9 days ago.
Thanks for that information.
Since I'm paid every 2 weeks how is overtime calculated if I work 48 hours the first week and then 32 hours the second week, for example?

8 hours overtime in the first week, no overtime the second week.

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