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Sep04

Overtime After 80 Hours

We are a small subcontractor in the construction industry. Is it a violation if we pay overtime NOT after 40 hours but after 80 hours?

The federal Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards.

For application purposes, the construction industry includes businesses that repair or renovate existing commercial and/or residential structures, as well as roadway and bridge construction. The following work activities are included in the construction industry: painting, sandblasting, tuckpointing, roofing, guttering, spouting, water well drilling, installation of flooring and landscaping.

A business in the construction industry must have two or more employees and have an annual gross sales volume of $500,000 or more to be subject to the FLSA. Individual coverage applies to employees whose work regularly involves them in commerce between states. Any person who works on or otherwise handles goods that are moving in interstate commerce or who works on the expansion of existing facilities of commerce is individually subject to the protection of the FLSA and the current minimum wage and overtime pay requirements, regardless of the sales volume of the employer.

Assuming you meet the criteria described above, the FLSA requires employees to receive time and one half their regular rate of pay for all hours worked over 40 in a given workweek. The practice of paying overtime only after 80 hours in a bi-weekly pay period is illegal since each workweek must stand alone. Under the FLSA a workweek is defined as 7 consecutive 24-hour periods or 168 consecutive hours. The employer must establish a workweek.

This entry was posted on Friday, September 4th, 2015 at 7:19 pm and is filed under
Compensation, Labor Laws.
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