Is it legal for your employer to avoid paying overtime by dividing your hours into two pay periods? 2 Answers as of June 30, 2011

Can a company make you work ten days then off four and not pay overtime because it falls in two pay periods?

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Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
Please contact the federal EEOC and/or your State's labor agency for responses to your inquires.
Answer Applies to: Indiana
Replied: 6/30/2011
Law Offices of Steven A. Fink
Law Offices of Steven A. Fink | Steven Alan Fink
It is not legal. Overtime is due based upon working more than 8 hours in a workday or 40 hours in any workweek. You are due 1.5 times the regular rate of pay for the overtime hours.
Answer Applies to: California
Replied: 6/30/2011
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