6 of one, half a dozen of the other are not the same-
Our clients often encounter workplace situations where they will work well over 40 hours in the first week of a two week pay period. Instead of paying the overtime, their employer will have them work a reduced schedule in the second week of the pay period so that the total hours for the two week pay period equal 80 or less. Legal? I think not. The law makes clear that each workweek under the law stands alone for overtime purposes and therefore, if you work more than 40 hours a week (unless you are a government employee), you must be paid time and one half for each hour of overtime you work in that week, regardless of how few hours you work in the second week. In the past week, we have encountered two major companies that have engaged in this illegal pay practice. Why? Do they not know the law?
Of course they know the law. They are trying to cut corners and save money at your expense. Friends, my grandfather used to tell me that if it looks like it, and it smells like it, it is it. You have rights and the employers of this country have to respect them. Stay informed working America.
Talk to you soon.