Location: GA, USA
The time clock app we use (OnTheClock) seems to be calculating overtime on a biweekly basis instead of a weekly basis, meaning anything over 80 hours in a two week pay period is considered overtime. So, if I work 50 hours one week, and only 25 hours the next week (which does happen at this particular job), that would only be paid out as “75 regular hours” because the total is less that 80. Legally, shouldn’t that be 65 regular hours and 10 overtime hours? From my understanding, according to the fair labor standards act, any hours worked over 40 hours in a SINGLE week are to be paid as overtime. Right now, I have 40.6 in this pay period from last week, and it’s displaying it as “40.6 regular” and “0 overtime”. Is that actually legal?
I am not sure if my boss is aware of this or not. Maybe it’s an oversight by the developers of this particular app.
Comments
Federal law says that any hours worked over 40 an hour is overtime. There can be some industries or union agreements that have waivers or different arrangements.
Ask your job specifically about it show you the writing that says that’s how it works go from there
Correct, it’s per work week. That does not have to line up with the calendar week or even your pay cycle, so if this happens infrequently there is some chance they’re doing it correctly