Expert: Shirley McAllister, CPP, PHR - 12/6/2010

Question
We get pay twice a month the periods go from the 1st to the 15th...we get our paycheck paid on the fifth. 16th to the 30th or 31st.  We get paid on the 20th. Now I am a bi-monthly hourly employee in the state of Arizona.

Take this month of Novemeber...I worked two full weeks (2 thru 5th & 8th thru 12th) no vacation, no sick time.  Since the 15th of the month landed on a monday, my employeer considered that a regular work day and I got a time of 88 hours of regular pay, with like 4 hours of overtime for that check.  Is that legal?  I am really confused, as i thought overtime was 40 hours a week/regardless of when the pay period starts of stops.  

Answer
Semi monthly (twice a month) payperiods are the worst to use for hourly employees.

Your overtime is based on 40 hours per the FLSA (Fair Labor Standards Act). The pay week is a set pay week of 7 days. Our week starts on Saturday and ends on Friday. The monday would be regular time on this check, however, the employer would have to look at this monday when figuring overtime for the next week of pay. You will have 4 days and he has to add this Monday in to calculate overtime then subtract it back out for regular time as it is already paid.

Shirley