Office has a 35-hour work week. Do I get straight pay for 35 to 40 & then 1.5 over 40

Our company has a 35-hour work week. I sometimes work an extra 10 hours a week, for which my company refuses to pay overtime, saying I have to "adjust" and take time off the next week. They say we don't have "comp" time, but it seems that's what it is. They also say even though we work 35 hours, our pay is based on 40 hours. I submit timesheets, so I am non-exempt. Is this legal? Do I get straight time for over 35 and less than 40? Thanks.

2 answers  |  asked Sep 23, 2011 05:42 AM [EST]  |  applies to Ohio

Answers (2)

David Neel
You are entitled to overtime pay.

posted by David Neel  |  Sep 23, 2011 09:21 AM [EST]
Bruce Elfvin
Under federal law you are only entitled to 1 1/2 for hours in excess of 8 hours per day and 40 hours per week. There are some regulations that allow an employer to use slightly different period, but I believe your statement is correct in the absence of actually bringing what your employer does to an employment lawyer and reviewing it in conjunction with the regulations issued under the FLSA.

You can select an attorney near you at: www.oelasmart.net/directory.

posted by Bruce Elfvin  |  Sep 23, 2011 06:50 AM [EST]

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