Question reguarding overtime.

[Overtime]

Hello All...first time posting in this forum an hopefully I can get some answers to questions That I can't get answers for...here we go..

I live in Pennsylvania..

The job I have only requires that I work 35 hours a week.

I am also on-call 24/7/365..

When I get called out the first 5 call-outs (based at 1 hours each) are on the regular pay rate after that..they will pay 1-1/2 rate.

I used to get overtime pay for anything over 35 hours an was told that it was wrong..I was told that I have to work 40 hours before I get overtime rates..But being that employer only works me 35 hours, The first 5 after-hours call outs will be at regular rates then..

Question is..

Is it a law that I must work 40 hours a week to get overtime pay..

Or is the company just taking advantage of me?

Thanks for reading..

 

[Zigner]

Hello All...first time posting in this forum an hopefully I can get some answers to questions That I can't get answers for...here we go..

I live in Pennsylvania..

The job I have only requires that I work 35 hours a week.

I am also on-call 24/7/365..

When I get called out the first 5 call-outs (based at 1 hours each) are on the regular pay rate after that..they will pay 1-1/2 rate.

I used to get overtime pay for anything over 35 hours an was told that it was wrong..I was told that I have to work 40 hours before I get overtime rates..But being that employer only works me 35 hours, The first 5 after-hours call outs will be at regular rates then..

Question is..

Is it a law that I must work 40 hours a week to get overtime pay..

Or is the company just taking advantage of me?

Thanks for reading..

Anything over 40 hours must be paid at the overtime rate. That doesn't preclude the employer for paying overtime rates on hours before the 40th, but they aren't required to do so.

 

[cbg]

Is it a law that I must work 40 hours a week to get overtime pay..

It would be more accurate to say that there is no law that will force the employer to pay overtime until after you have worked over 40 hours a week. An employer may, if they wish, pay overtime for under 40 hours a week, but there is no Federal law and no law in any state that is going to require them to.

You do not have a legal right to overtime for those five hours so no, you are not being taken advantage of.

 

[Overtime]

Thank you both for the response to my question.

 

[Betty]

Is it a law that I must work 40 hours a week to get overtime pay..

It would be more accurate to say that there is no law that will force the employer to pay overtime until after you have worked over 40 hours a week. An employer may, if they wish, pay overtime for under 40 hours a week, but there is no Federal law and no law in any state that is going to require them to.

You do not have a legal right to overtime for those five hours so no, you are not being taken advantage of.

I might just clarify that in a few states you can get OT w/o working over 40 hrs. a week - Ca. as an example you get OT after working in excess of 8 hrs. in a day whether you work over 40 hrs. a week or not. (There are some exemptions from the 8 hr. requirement in Ca.)

In the OP's state of Pa., over 40 hrs. a week is correct as in the vast
majority of states.