Thank you for the information and your question. What you described, the employer combining two weeks to figure the right to overtime is generally unlawful. There are a few exceptions but those involve certain government employees like firefighters. But in any event, the law, both Virginia and the Federal Fair Labor Standards Act
, is that an employer must pay overtime for any workweek
in which the employee has worked over 40 hours at a rate of time and a half their regular rate of pay.
Your wife can file a wage
complaint with the State. It is unlawful for an employer to retaliate against an employee for doing so. If she can get other employees to join in and all file wage complaints, that would be best in terms of showing a united front. They could also sit down with a local employment law
attorney who could file suit on their behalf, but that would cost them money up front. Once the wage complaint is filed, the State will audit the pay records of the employer to see if they have been compliant with wage laws. Your wife can also inform the State that she is not the only one with this problem and that it is standard practice.
She can find out how to file her complaint by going to: http://www.doli.virginia.gov/laborlaw/laborlaw_forms_p1.html
Please let me know if you need any clarification. I would be glad to assist you further if I can.