Change in Overtime work week, please help.

[mabarker]

What is the name of your state? Minnesota

How is OT calculated during transition from a Sunday - Saturday work week to a Thursday - Wednesday work week?

My company was changing both work weeks & from semi-monthly to Bi-weekly Effective January 1, 2005.

Last OT period in 2004 was Dec. 26- Jan 1, 2005 (no one worked the 1st)

Transition period Jan. 1 - 5, 2005 (shortened to accomodate the new biweekly payday schedule)

Begin new full week for calculating OT Jan 6 - 12th.

Employee worked the following Days & hours: Dec. 28th -9, Dec 29th - 9, 30th-9, 31st - 9, January 3rd - 9, 4th -7, 5th -9, 6th -9, 7th - 9.

Employee not paid overtime. Was told that the transition period was the official time period for calculating OT (It was a short period, period!)

What work week do you use to calculate OT?
Is it really possible for someone to work this much and not get OT?
I thought the work week was defined as any 7 day period the employer chose, but that it had to be a 7 day period.

 

[pattytx]

According to the Federal Wage and Hour Regulation 29, CFR Sections 778-301 and 778-302. http://www.dol.gov/dol/allcfr/Title_29/Part_778/29CFR778.301.htm

BTW, changes in workweeks are fine. However, it must be a valid business reason and cannot be done willy-nilly just to reduce overtime pay. Following the steps in Section 778-302 of the regulations above will guarantee that the employee receives all overtime due. There is a very clear example.

In the situation you describe, the new work week actually started on Thursday, December 30 so 12/30-1/1 would be the overlapping days. There is no such thing as "transition period" where you can have a short workweek and treat it as a stand-alone week.

Good luck. This is a hard concept even people in the payroll world to understand.

 

[mabarker]

Thank you for the answer.

As it turns out I am the only employee this happened to due to my hours. But I am also the person who does the payroll, directed by my boss of course. Sticky situation. Wanting what is fair without looking to take advantage.

 

[pattytx]

It's not only fair, it's the law.