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Employment Law/Weekly Hours Dispersement

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Question
Hello Michael,

I am an hourly employee for a privately owned company in Mt. Pleasant, MI.  I have a question concerning the calculation of hours; how total weekly hours gets divided between regular hours, PTO hours, holiday hours, and over-time hours.

Say I worked ten hour days Monday through Wednesday, (30 hours) there was a holiday on Thursday (8 hours), and decided to use a PTO day for Friday (8 hours).  That totals 46 hours for the week.

Does that qualify me for six hours of over-time or am I only credited the 46 straight-time hours since I technically did not work those 16 hours I am paid for?

I look forward to your response!
Regards,
Rick

Answer
Rick,

The Fair Labor Standards Act (FLSA) and Michigan labor laws on overtime pay require covered, non-exempt employees be paid time and a half for all hours actually worked over 40 during a work week. The overtime laws do not consider time paid for vacation, holidays, PTO or illness as hours worked. Therefore, this time does not have to be included in the total hours worked for overtime purposes. So, in your case, it would appear that you would be owed 46 hours of straight-time pay (30+8+8) as you did not actually work over 40 hours during the week.  

Additional resource links that may be of assistance to you:

U.S. Department of Labor: http://www.dol.gov/elaws/esa/flsa/hoursworked/screenEE14.asp

Michigan Department of Licensing and Regulatory Affairs, Wage and Hour Division:  http://www.michigan.gov/lara/0,4601,7-154-61256_11407_59886---,00.html

The Lore Law Firm overtime pay web site: http://www.overtime-flsa.com/faq

I hope you find this response and information helpful.

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Michael Lore

Expertise

I will take questions regarding employment law, with a focus on wage and hour issues involving overtime pay under the Fair Labor Standards Act (FLSA) and applicable state laws (eg. California).

Experience

I am an attorney with 15+ years experience in the area of labor and employment law, with a practice that concentrates heavily in the area of wage and hour litigation - involving unpaid overtime wages, commissions, work related expenses and vacation pay.

Organizations
American Bar Association, American Association for Justice, National Employment Lawyers Association

Education/Credentials
BBA in Finance, J.D.

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