Is it the law to give people overtime pay!?
I have a friend who works in Illinois. He does not get overtime pay because his boss says you don't need to pay overtime because he worked 30 hours one week and 50 hours the following week. Isn't overtime based on a weekly basis or can it be payed over a pay period that the employer designates. This is a very small company and not a salaried worker.
Answers:
Depends on state law. Federal labor law permits hours to be calculated over a two week period if the person is paid every two weeks. So a person could work 50 hours the first week as long as he only works 30 hours the second week. Some states may have more restrictions, for example in California any time over 8 hours per day is overtime, whereas in most other states, you could work 24 hours straight in one day, as long as you don't exceed the 40 hours per week or 80 hours per pay period. Overtime also does not apply to very small employers, so your friend may well be out of luck no matter what. He can always call his state labor department and they can tell him what the specific rules and requirements are in Illinois. That would be the best approach, and the info may be readily accessible on the web.
Should be anything over 40 hours within one week. (I'm form Illinois too). It can differ between companies. Some it's anything over 8 hours in one day, and weekends time and a half or double time.
This states it:
http://www.dol.gov/esa/minwage/america.h...
In Illinois, a work week is 40 hours. It's NOT true in all states:
Kansas: 46 hours
Minnesota: 48 hours
Sorry, but, Kelly S...When someone is paid "salary", it's a set amount, regardless of hours worked. People who get OT are paid hourly!!
Any amount over forty hours is considered overtime. Overtime and full time should come with benefits.
Im pretty sure it is the law to be paid overtime! He can go and look up the equal employment oppurtunity act in his state. Google it and he will find it.
not a salaried worker? is he being paid under the tables.. off the books? What do you mean by not salaried?
All companies that pay workers through a payroll HAve to comply with the fair working acts. Even if there is only one or two employees, they have to be paid for any time they worked over the customary 40 hours in one week. If they don't they could be sued and shut down by the government.
Like in most states there are ways around the overtime pay especially if you only have so many employees. I worked for one employer for a year working 60-70 hours a week but having only a couple guys working for him his restrictions were not the same. Should be but it is easy to work the system in your favor on that one. Especially if he is a two week alotted pay period they just put in days to hours and it comes out right on the books.
Your company's rules for overtime pay and etc. should be in your employee handbook.
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