My Pay Periods End On The 15th And 30th Of Each Month. Is It Correct To Pay Overtime When The Employee Works More Than 80 Hours In The Two-Week Pay Period?

No. Your pay periods are irrelevant to the overtime calculation. Pay periods and workweeks frequently differ. Pay periods may be established for any period not exceeding 35 days, but overtime must be calculated based on a recurring, seven­day workweek. If a workweek overlaps two pay periods, pay any overtime due for that workweek at the end of the second pay period (when the total hours worked for the workweek are known). For example, if payday is on the 15th and the workweek ends on the 17th, the amount of overtime will not be known for that workweek until the following payday. In other words, pay the overtime on the 30th ­­ the regular payday for the period in which the workweek ends.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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