Employment Law

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I work at a local Rescue Squad Full Time. We have a short…

Customer Question
I work at a...

I work at a local Rescue Squad Full Time. We have a short biweekly and then a long biweekly. Our schedule is 24 hours on 72 off. Our short biweekly is 72 hours no overtime. Our long biweekly is 96 hours with mandatory 16 hours overtime. My question is if we have to take off a day during our long biweekly should we be getting paid the 16 hours of straight time or still be getting paid the 16 hours overtime?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Submitted: 4 months ago.Category: Employment Law
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Answered in 4 minutes by:
12/30/2017
Employment Lawyer: Damien Bosco, Attorney replied 4 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Employment Law
Satisfied Customers: 4,538
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Customer reply replied 4 months ago
Ok.
Employment Lawyer: Damien Bosco, Attorney replied 4 months ago

Overtime requirements are from Sunday through Monday. So if you are a nonexempt employee (usually an employee paid at an hourly rate and not an executive), which it appears you are, then technically, anytime you work over 40 hours a week, no matter what the pay week is (it's always Sunday through Saturday), you are supposed to get overtime pay.

So, if you recalculate your hours based on a Sunday through Monday work week, we can see if you should still be paid overtime.

Please let me know after you recalculate so we can continue our discussion. If you need clarification, just let me know.

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Customer reply replied 4 months ago
You say technically as if there are ways around it?
Employment Lawyer: Damien Bosco, Attorney replied 4 months ago

Hold, please. Let me review.

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Employment Lawyer: Damien Bosco, Attorney replied 4 months ago

I apologize for using the word technically. I should have said legally. The only way around it is if the employee is exempt (usually a professional, executive position).

A nonexempt employee must be paid the minimum wage and overtime pay for any time worked beyond 40 hours in a given week. Under FLSA rules, nonexempt employees are entitled to time and one-half of their regular pay rate for each hour of overtime.

Under federal law, it is not illegal for employers to require their employees to work overtime. However, the Fair Labor Standards Act (FLSA) requires that, for some jobs, employees required to work more than 40 hours a week must be paid time and a half (their regular hourly wage plus 50%).

Let me know if this information is being helpful to you.

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Customer reply replied 4 months ago
I guess my question is. If I call of a day during my sceduled overtime week using PTO. Should I still be paid the overtime or just get straight time because it is not worked?
Customer reply replied 4 months ago
instead of having 40 hours worked and 8 hours overtime. Just having 48 hours of straight time.
Employment Lawyer: Damien Bosco, Attorney replied 4 months ago

Thanks for the clarification.

Employers do not have to count paid holidays, paid time off (PTO), vacation, personal and sick leave hours taken by an employee toward the calculation of the overtime requirement, because these hours are not actually "worked" and are therefore not considered as hours counted toward overtime under the FLSA.

In other words, the 8 hours you take off for PTO is not counted toward the overtime calculation. However, if you took the day off, and still worked 48 hours (not including the PTO), then the 8 hours would be still be considered overtime.

Does this answer your question? If so, let me know. If not, we can continue with the Q&A.

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