# Overtime question
**URL:** https://forums.speedlife.net/t/overtime-question/70678
**Category:** NYSpeed Off Topic
**Created:** [July 17, 2009, 1:37pm UTC](https://forums.speedlife.net/t/overtime-question/70678 "2009-07-17T13:37:29Z")
**Posts on this page:** 20
**Page:** 1
### Author:  [@KuntryQuestTSi](https://forums.speedlife.net/u/KuntryQuestTSi)
#### Post date: [July 17, 2009, 1:37pm UTC](https://forums.speedlife.net/t/overtime-question/70678/1 "2009-07-17T13:37:29Z")
Does an employer have to pay time and a half for anything over 40 hours by law?
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### Author:  [@turbojohnny](https://forums.speedlife.net/u/turbojohnny)
#### Post date: [July 17, 2009, 1:38pm UTC](https://forums.speedlife.net/t/overtime-question/70678/2 "2009-07-17T13:38:03Z")
yes
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### Author:  [@Blue\_Eyed\_Devil](https://forums.speedlife.net/u/Blue_Eyed_Devil)
#### Post date: [July 17, 2009, 1:38pm UTC](https://forums.speedlife.net/t/overtime-question/70678/3 "2009-07-17T13:38:39Z")
If you get paid by the hour.
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### Author:  [@turbojohnny](https://forums.speedlife.net/u/turbojohnny)
#### Post date: [July 17, 2009, 1:38pm UTC](https://forums.speedlife.net/t/overtime-question/70678/4 "2009-07-17T13:38:47Z")
unless you are working off the books
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### Author:  [@ILC](https://forums.speedlife.net/u/ILC)
#### Post date: [July 17, 2009, 1:39pm UTC](https://forums.speedlife.net/t/overtime-question/70678/5 "2009-07-17T13:39:04Z")
OVERTIME COMPENSATION
UNDER THE FAIR LABOR STANDARDS ACT
> Unless specifically exempted, employees covered by the Act must receive
> overtime pay for hours worked in excess of 40 at a rate not less than
> time and one-half their regular rates of pay.
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### Author:  [@klug](https://forums.speedlife.net/u/klug)
#### Post date: [July 17, 2009, 1:49pm UTC](https://forums.speedlife.net/t/overtime-question/70678/6 "2009-07-17T13:49:16Z")
some places count up to 45 hours until overtime established.
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### Author:  [@theblue](https://forums.speedlife.net/u/theblue)
#### Post date: [July 17, 2009, 1:52pm UTC](https://forums.speedlife.net/t/overtime-question/70678/7 "2009-07-17T13:52:11Z")
> [@turbojohnny](#):
>
> unless you are working off the books
…because that already would be illegal :spank:
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### Author:  [@ultradriver10000](https://forums.speedlife.net/u/ultradriver10000)
#### Post date: [July 17, 2009, 1:53pm UTC](https://forums.speedlife.net/t/overtime-question/70678/8 "2009-07-17T13:53:50Z")
> [@zklug1013](#):
>
> some places count up to 45 hours until overtime established.
I don’t think they can do that unless you don’t get paid 1 hour lunches.
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### Author:  [@KuntryQuestTSi](https://forums.speedlife.net/u/KuntryQuestTSi)
#### Post date: [July 17, 2009, 1:54pm UTC](https://forums.speedlife.net/t/overtime-question/70678/9 "2009-07-17T13:54:52Z")
I have a stack of pay stubs where I only got paid straight for my time…
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### Author:  [@klug](https://forums.speedlife.net/u/klug)
#### Post date: [July 17, 2009, 1:55pm UTC](https://forums.speedlife.net/t/overtime-question/70678/10 "2009-07-17T13:55:25Z")
> [@ultradriver10000](#):
>
> I don’t think they can do that unless you don’t get paid 1 hour lunches.
thats the only time they can, that i know of. sorry lol i should of clarified that.
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### Author:  [@turbojohnny](https://forums.speedlife.net/u/turbojohnny)
#### Post date: [July 17, 2009, 1:55pm UTC](https://forums.speedlife.net/t/overtime-question/70678/11 "2009-07-17T13:55:39Z")
i had a friend that worked for a place where she was paid every other week, and they would split up her hurs between the two weeks to screw her out of o/t pay. she would have to work over 80 hours between the 2 weeks to get o/t.
it was terrible.
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### Author:  [@Joe](https://forums.speedlife.net/u/Joe)
#### Post date: [July 17, 2009, 1:56pm UTC](https://forums.speedlife.net/t/overtime-question/70678/12 "2009-07-17T13:56:09Z")
unless youre salary, you have a lawsuit
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### Author:  [@klug](https://forums.speedlife.net/u/klug)
#### Post date: [July 17, 2009, 1:56pm UTC](https://forums.speedlife.net/t/overtime-question/70678/13 "2009-07-17T13:56:16Z")
> [@KuntryQuestTSi](#):
>
> I have a stack of pay stubs where I only got paid straight for my time…
where do you work if i may ask.
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### Author:  [@LZ1](https://forums.speedlife.net/u/LZ1)
#### Post date: [July 17, 2009, 1:56pm UTC](https://forums.speedlife.net/t/overtime-question/70678/14 "2009-07-17T13:56:51Z")
> [@turbojohnny](#):
>
> i’m just saying.
>
> also, i had a friend that worked for a place where she was paid every other week, and they would split up her hurs between the two weeks to screw her out of o/t pay. she would have to work over 80 hours between the 2 weeks to get o/t.
>
> it was terrible.
I don’t get it…
80 hours / 2 weeks
40 hours a week = standard work week
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### Author:  [@Joe](https://forums.speedlife.net/u/Joe)
#### Post date: [July 17, 2009, 2:00pm UTC](https://forums.speedlife.net/t/overtime-question/70678/15 "2009-07-17T14:00:51Z")
they’re legally not allowed to do that. What he’s saying is if she worked 60 hrs one week, they’d only give her 20 the next and avoid time +1/2.
They have to start their work week on the same day every week in the books, and if you exceed 40 in any of said work weeks, regardless of pay periods or days worked, you get overtime.
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### Author:  [@dubbin91](https://forums.speedlife.net/u/dubbin91)
#### Post date: [July 17, 2009, 2:09pm UTC](https://forums.speedlife.net/t/overtime-question/70678/16 "2009-07-17T14:09:24Z")
my current company OT is paid after any 8 hours in a day. so even if you work 35 hours and one day was 10 hours long, you got 2 hours OT…sucks being salary…also its 37.5 hour work week so at the 38th hour you got .5 ot pay.
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### Author:  [@travisn](https://forums.speedlife.net/u/travisn)
#### Post date: [July 17, 2009, 2:16pm UTC](https://forums.speedlife.net/t/overtime-question/70678/17 "2009-07-17T14:16:34Z")
ooo, in for results. good luck. I wonder if that could fall on paychex or who ever does your pay roll or if it would be on the company…
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### Author:  [@klug](https://forums.speedlife.net/u/klug)
#### Post date: [July 17, 2009, 2:24pm UTC](https://forums.speedlife.net/t/overtime-question/70678/18 "2009-07-17T14:24:09Z")
> [@travisn](#):
>
> ooo, in for results. good luck. I wonder if that could fall on paychex or who ever does your pay roll or if it would be on the company…
it would be payroll on the company
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### Author:  [@JustinH](https://forums.speedlife.net/u/JustinH)
#### Post date: [July 17, 2009, 2:48pm UTC](https://forums.speedlife.net/t/overtime-question/70678/19 "2009-07-17T14:48:37Z")
If you are classified as an exempt employee, then you do not get overtime.
If you are non-exempt then you are hourly and get overtime.
Overtime is considered actual work hours. At my job, we get let out early about 10 hours per week when it is slow, and the company pays us for that (gvmt contract)…
So, they classify it as manager discretion time, so that you don’t get overtime for working 32 hours, then getting 10 hours off paid.
You would need to physically work 40 hours in a week before you get 1.5x your hourly rate.
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### Author:  [@nitroinsane](https://forums.speedlife.net/u/nitroinsane)
#### Post date: [July 17, 2009, 2:59pm UTC](https://forums.speedlife.net/t/overtime-question/70678/20 "2009-07-17T14:59:18Z")
Depends the job also.Like flat rate mechanics do not get overtime if they pull 50 hrs
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