If I worked as a window installer but my first check was for only 2 days and I was paid for 17.5 hours, should I get overtime pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I worked as a window installer but my first check was for only 2 days and I was paid for 17.5 hours, should I get overtime pay?
From what I’ve read, my state’s law says that over 8 hours a day is considered overtime. Also, my co-workers say that we only get overtime pay if we work over 80 hours in our 2 week pay period. Is the law specic about a 1 week time frame?
Asked on May 5, 2012 under Employment Labor Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Federal law requires overtime for any non-exempt employee who works more than 40 hours in a workweek (and all hourly employees are non-exempt from overtime, or eligible for overtime, with a very few exceptions, none of which would seem to apply here). Nevada law also provides that and, in addition, requires overtime when non-exempt employees work more than 8 hours in a single workday. Therefore, from what you write, it seems as if you were owed overtime for at least 1.5 hours, if you worked 17.5 hours in 2 days (since the most hours you could work in two days without overtime is 16 in NV); and if you work more than 40 hours in a week, you must get overtime.
Because most employers pay employees either twice a month or every 2 weeks, many assume that overtime is calculated on a 2-week basis, running parallel to their pay cycle. But as noted above, this is incorrect: the law does not care when payroll is paid. Overtime is based on weekly hours, and/or (in some states, like NV) daily hours, too.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.