overtime pay

[tcomb45]

What is the name of your state? New Hampshire....My daughter is 17 1/2 she is an assisstant manager at a popular clothing store she works about 44 hrs ..and she is suppose to work 55 hrs this week but the compant says they can not pay her overtime for that extra time she puts in..when she worked 44 hrs she got 5.50 an hr for those 4 hrs overtime...can they do this...the company is having a hard time keeping there help....

 

[pattytx]

She has been overtime in the past while working in the same position? If so, it appears the employer had classified her as nonexempt at that time. If she is doing the same job now, they would have to pay her overtime as well.

She should contact the state Dept. of Labor.

 

[tcomb45]

overtime

OK... what is a non exempt or exempt...and on her check stub it said 80 hrs and 2 hrs halftime cuz she gets paid every 2 weeks..what is halftime insead of overtime

 

[pattytx]

Some employers show their overtime as half the regular rate, with the straight-time portion being included with the base pay. However, this does not appear to be what the employer is doing.

I recommend your daughter file a claim for unpaid overtime with the state Dept. of Labor. They will investigate and if she was, in fact, a nonexempt employee (meaning, by law, she must be paid 1.5 her regular rate of pay for all hours worked in excess of 40 per work week, plus she must receive minimum wage), they will order the employer to do so. The fact that she is paid on a biweekly basis is irrelevant.

It is very hard to say whether she would be classified as exempt or non-exempt without knowing exactly what her duties are and how much control she has.