When Exactly Do You Get Paid Overtime??

[melissa1277]

What is the name of your state (only U.S. law)? I am in Illinois

I am just curious to know if I should be getting paid overtime??

First of all, I work in a restaurant (I do not get tips) and I get paid every two weeks...

The first week of my 2-week pay period I worked 43 hours. The second week I worked 37 hours. On my pay stub I was expecting to see 3 hours of overtime because I did 3 hours of overtime that first week. That was not the case. I was paid for an even 80 hours (43+37 =80) at my regular pay rate. Is that right?? I have worked several times with weeks at 41+ hours (and now I am wondering if I have been getting paid incorrectly..

I really appreciate your help!!

 

[pattytx]

You are correct that overtime must be determined on a workweek basis, not a pay period basis.
http://www.boli.state.or.us/BOLI/TA/T_FAQ_Meal_and_Rest_Period_Rules.shtml

You can file a claim for the unpaid overtime premium with the state Dept. of Labor.
http://www.state.il.us/agency/idol/laws/Law105.htm