Not necessarily. The answer depends on the number of hours the employee worked during your workweek. A "workweek" is a regularly recurring period of seven consecutive 24hour periods. It may begin on any day and hour the employer chooses as long as it repeats on a regular basis. The employer's workweek is not necessarily the same as an individual employee's work schedule. If your workweek runs from Sunday through Saturday, for example, your employee may have worked fewer than 40 hours during that period.
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Have you been discriminated against by a potential or current employer -- as a job applicant or current employee? To best protect your legal rights you should discuss your situation with an employment lawyer. Meet with a local employment attorney sooner rather than later to protect your rights.