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7th day overtime

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What is the name of your state (only U.S. law)? Kentucky

Abnormal question.

I am trying to figure out how the 7th day overtime applies in our case. I am a payroll coordinator.

Background, our pay periods are Saturday through Friday.
Maintenance employee, was "called out" for a need and was paid at 1.5 for hours called out to work on Saturday and Sunday. Normal call out pay is 1.5.
Employee then worked her normal week. Putting her at 7 days in a row worked on Friday.

Would her Friday hours be paid at 1.5 or at 1?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Kentucky

Abnormal question.

I am trying to figure out how the 7th day overtime applies in our case. I am a payroll coordinator.

Background, our pay periods are Saturday through Friday.
Maintenance employee, was "called out" for a need and was paid at 1.5 for hours called out to work on Saturday and Sunday. Normal call out pay is 1.5.
Employee then worked her normal week. Putting her at 7 days in a row worked on Friday.

Would her Friday hours be paid at 1.5 or at 1?
Friday must be paid at 1.5x

http://www.lrc.ky.gov/statutes/statute.aspx?id=32049

(You will want to consider whether you will pay 1.5x for the "call out" pay, since it's not legally required.)
 
Friday must be paid at 1.5x

http://www.lrc.ky.gov/statutes/statute.aspx?id=32049

(You will want to consider whether you will pay 1.5x for the "call out" pay, since it's not legally required.)
That's what I was thinking. Thank you.

I'm not sure they justification behind the callout pay. I'm just trying to make sure things are done right going forward.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Kentucky

Abnormal question.

I am trying to figure out how the 7th day overtime applies in our case. I am a payroll coordinator.

Background, our pay periods are Saturday through Friday.
Maintenance employee, was "called out" for a need and was paid at 1.5 for hours called out to work on Saturday and Sunday. Normal call out pay is 1.5.
Employee then worked her normal week. Putting her at 7 days in a row worked on Friday.

Would her Friday hours be paid at 1.5 or at 1?
5

Your employer should have a set policy of when a day starts and ends...the 24 hour period that constitutes a day. Midnight is the most common in my observations. Your employer should also have a policy of when the week starts and when it ends. So, if your pay periods are Saturday to Friday a likely scenario would be that the pay period starts at 12:01 am Saturday morning and ends at 12:00 pm Friday night.

Therefore the hours she worked will either fall within one pay period or the other.

Bottom line, more than 40 hours worked in a pay period requires overtime pay, and all hours worked will fall in one pay period or another. If you do not know what fully constitutes a pay period for your employer, then you need either ask your superiors or set the timeframe yourself to something logical...such as what I stated above.
 

Zigner

Senior Member, Non-Attorney
Bottom line, more than 40 hours worked in a pay period requires overtime pay...
In the OP's state, ANY hours worked on a 7th consecutive day in the (work)week are required to be paid at 1.5x. Even if the employee only worked 2 hours per day, but the employee worked all 7 days, 2 of those hours would be paid at 1.5x.
 

LdiJ

Senior Member
In the OP's state, ANY hours worked on a 7th consecutive day in the (work)week are required to be paid at 1.5x. Even if the employee only worked 2 hours per day, but the employee worked all 7 days, 2 of those hours would be paid at 1.5x.
Wow, ok..interesting.
 
Wow, ok..interesting.
Thanks you all. It's weird. I'm thinking that the horse industry here was the driving force behind this law. I was fine with it with my old employer, but my new one has slightly different policies and while I told them we need to pay her at time and a half for the 7th day, one tried to say that she had already been paid at time and a half for the first two days. The lady that was here before me was a little old school and not as up to date on some of the current laws, I'm trying to get us where we should be.
 

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