Common Overtime Scams

Attorney Richard Celler

Remember that an employer cannot manipulate the workweek to avoid paying overtime. However, it is legal for your employer to adjust your work shift during a workweek to avoid having you work overtime. So, let me give you an example. Let’s say you work extra time at some point early in the workweek, your employer may elect legally to send you home later in that same workweek, so that your total hours for the week do not exceed 40 hours. Under this scenario, while you may have worked extra time during the initial part of the week, no overtime compensation would be owed to you. But, if you still work 40 hours or more in that workweek, you must be paid your overtime. Remember that your employer cannot give you comp time or bank time. That is an illegal practice, except for government employees.

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Common Overtime Scams

Attorney Richard Celler

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Richard Celler

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