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Overtime/Pay Period question

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  • Overtime/Pay Period question

    My employer's pay cycle is on the 1st and the 15th of each month, with a "work week" from 12:00AM Sunday to 11:59PM Saturday. However, if the pay cycle falls in the middle of the "work week", we do not receive overtime pay for that week, as it gets split between 2 pay cycles. For example, from Sunday till Saturday I work 47 hours. However, Wednesday falls on the 1st of the month, so 27 hours are on one check as normal pay, and 20 of those hours are on the next check as normal pay.

    Is this legal?

  • #2
    Re: Overtime/Pay Period question

    Sorry, I forgot to mention, I live in Wisconsin.

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    • #3
      Re: Overtime/Pay Period question

      Not illegal but if you are delayed more than 14 days, report it to your nearest dept of labor office.

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      • #4
        Re: Overtime/Pay Period question

        The issue isn't that they're not paying the overtime at all, it's that they are basically resetting the work week when it lands in the middle of the pay cycle. So let's say I work 30 hours from Sun-Wed, and the pay cycle ends Wed night. And then I work 20 hours from Thurs-Sat. That paycheck will reflect 30 hours of normal time (which is fine), and the following check will reflect 20 hours of normal time from that same week, even though 10 of those 20 hours during the work week were overtime. They are considering the work week as starting fresh if it becomes split due to the pay cycle. I started going through my times, as I keep track of everything at home as well, and in the month of October alone I got shorted half-time pay for 18 hours of overtime. They paid the overtime that fell in the pay cycle, but on all the split weeks, I only got normal pay.

        Wisconsin law states:

        Calculating Overtime Compensation:

        Each employer subject to Wisconsin’s overtime regulations must pay to each covered employee time and one half the employee’s regular rate of pay for all hours worked in excess of 40 hours per week.

        “Week” means a calendar week or a regular reoccurring period of 168 hours in the form of 7 consecutive 24-hour periods.

        But being that the pay cycle isn't typical here, (1st and 15th is when payroll goes out to be tabulated), I'm wondering how the law applies here. My thought is that regardless of when the pay cycle is, a week is a week and we should be getting overtime pay for the overtime worked in the "week" defined by my employer, which is Sunday to Saturday.

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        • #5
          Re: Overtime/Pay Period question

          I believe manipulating the workweek is illegal. Once the workweek is set it cannot be altered. Any hours worked in addition to 40 in one workweek should receive overtime pay. I found a lot of useful information on overtime pay here: Unpaid Overtime Lawyers, Wage and Hour Attorneys

          Comment


          • #6
            Re: Overtime/Pay Period question

            I did payroll for a company that had a similar pay set up. From my payroll knowledge, they cannot reset the overtime accural simply because it is a new period. It is true a new period started, but the work week remains unchanged. I would point this out and they do not adjust the payment, I would definitely take it up with the Dept. of Labor.

            You have every right to at least inquire on the actual law with the government agency.
            Human Resources Manager & Payroll Administration

            ~~There is a balance between the Employees and the Employer~~

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