Ask Experts Questions for FREE Help !
Ask
    nonovelist's Avatar
    nonovelist Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 2, 2016, 07:00 PM
    Overtime or 2 shifts ?
    This scenario pertains to Texas.
    As an hourly manager, I am entitled to overtime. However, at the end of the month, on a Sunday I perform the inventory duty. This is a 10-hour shift that starts at 4 pm and ends at 2 am. I start the shift with 32 hours for the week and expect to add the 10 hours Sunday shift to have 42 hours with 2 hours of overtime. This is not the case. My manager states that the last 2 hours are part of the next week's schedule and not eligible for overtime.
    While this may not sound ethical, it may be legal since the pay period ends at 11:59 on Sunday. I am looking for specific sources in FLSA or any other government case, ruling, or document that states an agreement or repudiation of this scenario.
    Please keep in mind I am asking for sources for a citation. Going to HR is also an option on my list along with other forms of seeking advice. I want to keep this at the lowest level, if at all possible.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
    Uber Member
     
    #2

    Oct 2, 2016, 07:30 PM
    Those 2 hours are into the next weeks pay period if the pay week starts at 00:01 am Sunday and ends 12:00 Saturday at midnight. There doesn't HAVE to be a ruling..if that's when the pay week runs...thats when the pay week runs. Its been that way in the Civilian world and the Several government contracts I've been part of for 35 years.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Oct 2, 2016, 07:49 PM
    Smoothy is correct. Overtime hours are counted during the work week. If the workweek ends during a shift the hours go towards the next week. So how many hours did you work the following week?
    J_9's Avatar
    J_9 Posts: 40,299, Reputation: 5646
    Expert
     
    #4

    Oct 2, 2016, 09:04 PM
    What is your pay period?

    It appears that you hit 40 hours at midnight, the end of the pay period. At midnight the new pay period begins and you are not entitled to overtime.
    talaniman's Avatar
    talaniman Posts: 54,328, Reputation: 10855
    Expert
     
    #5

    Oct 3, 2016, 08:24 AM
    I am looking for specific sources in FLSA or any other government case, ruling, or document that states an agreement or repudiation of this scenario.
    There are none. Consult with a local labor attorney.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Oct 3, 2016, 09:29 AM
    You want a source; here is one: https://www.dol.gov/general/topic/wages/overtimepay

    Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek. Notice I emphasized workweek. If your workweek ends at Midnight on Sunday then only hours worked prior to then are part of the workweek.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

My 1999 ford taurus shifts hard [ 1 Answers ]

Well when I get on the fwy and pick up speed, it feels like its kind resisting, then when it gets to the second shift it shifts hard...

HD TV picture shifts at edges, other source OK [ 1 Answers ]

I have a Vizio 37 inch TV - connected to a Comcast HD cable box. Everything was fine unil this evening. The cable TV picture now has a fiarily significant shift/flickr on the lower edge with a white line appearing on and off. The picture overall seems to shift. This is HD and non HD channels...

AQ shifts its focus? [ 15 Answers ]

Al Qaeda tells China's Uyghurs to prepare for holy war - CNN.com A new spokesman for Al Qaeda has called for jihad against China for oppressing the Uyghers. The problems of the Uyghers is not new but Al Qaeda commencing a holy war on their behalf is. Perhaps the US has made it too hot for Al...

Amount of time in between work shifts [ 2 Answers ]

I have tried researching labor laws on scheduling. Several times at my job I have been scheduled for turn around shifts. Although the written schedule says 4:30pm to 12am we normally do not clock out until 1am. Then having my next shift from 6am to 2pm. Is there a law stating that there has to...

Automatic Transmission shifts [ 1 Answers ]

Ford: Automatic transmission shifts 1,3 OD,No 2nd gear


View more questions Search