When is an employee entitled to overtime?
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When is an employee entitled to overtime?
I’m currently working retail store in the mall. They have me working a double shift. 11 am-4 pm in store #1; then 5 pm -11 pm at store #2. I work for the same company/store; the exact same store name. However, they have me clock in/out separately so they don’t have to pay me overtime. Is that so or am I eligable for compensation?
Asked on October 25, 2012 under Employment Labor Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are doing essentially the same or similar jobs for the same employer, then if you are an hourly employee, you are owed overtime whenevery you work more than 40 hours in a week--it does not matter if they call it a separate shift or have you clock in and out. From what you write, you are working 11 hours a day; if you work 5 days a week, you are owed 15 hours of overtime per week. You could contact the state labor department or speak with a private employment law attorney about recovering the overtime to which you seem to be entitled.
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