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Tina, Lawyer
Category: Employment Law
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Experience:  JD, BBA, recognized by ABA for excellence.
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Can your employer substitute your overtime pay went your are

Customer Question

Can your employer substitute your overtime pay went your are intitled to payed sick days. Ihave payed sick days that I havent used yet. And they are take my over pay away from. Is that legal
Submitted: 2 years ago.
Category: Employment Law
Expert:  John replied 2 years ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
I'll need to ask you some preliminary questions before I can give you an answer to your question.
First, what state are you in as different states have different definitions of overtime. Second, can you explain in detail the hours worked per seems you are saying you worked 16 hours of overtime one week then took sick day(s) the next that correct?