Can My Employer Spread My Hours Worked Across Several Days Instead of Paying Overtime for a Single Day?

When it comes to overtime pay in the United States, the Federal Fair Labor Standards Act (FLSA) sets the standard based on weekly hours rather than daily. If your employer attempts to spread your weekly hours across several days to avoid triggering overtime rates, they may be in non-compliance with labor laws. Understanding the rules and your rights is crucial for protecting your earnings.

Federal Overtime Standards

Under the FLSA, overtime is defined as any hours worked in excess of 40 hours within a single workweek. This is the overarching guideline for employers across the country. It’s important to note that the FLSA does not mandate daily overtime, meaning that even if your work hours are spread over multiple days, as long as they do not exceed 40 hours in a workweek, you do not have a claim for additional overtime pay for individual days.

State Overtime Provisions

Different states may have additional or more stringent overtime laws. These laws could include daily overtime provisions, meaning that you could be entitled to overtime pay if you work more than 8 hours in a single day. If your state enforces daily overtime rules, spreading your hours over several days would not exempt you from overtime pay. Employers are still required to keep accurate time records, which can be reviewed during audits.

Consequences of Incorrect Record-Keeping

Altering your work hours or time records to avoid paying overtime can lead to significant legal and financial repercussions. For instance, if the employer intentionally underreports your hours, they could be in violation of state and federal labor laws. The outcome of such actions can be severe and include:

Back pay, sometimes at triple the incorrect rate Legal fines and penalties Targeted for future audits

For example, if state laws require daily overtime pay but your employer understates your hours to avoid this, they could be liable for substantial back pay and fines. Additionally, employing this tactic repeatedly could result in a legal battle against the employer.

State-Specific Information

The best way to determine if your state has specific daily overtime provisions is to contact your state labor bureau. These agencies can provide detailed information on the rules that apply in your area. If you believe your employer is violating labor laws, you have the right to file a complaint with the proper authorities.

Local Labor Board and Attorney General

If you have concerns about your employer’s practices, it is advisable to contact the local Labor Board to discuss your situation. They can provide guidance and may even initiate an investigation. In some cases, local offices of the Attorney General may also be interested in pursuing legal action if violations are found to be intentional. It’s worth noting that treating employees like slaves, which includes evading labor laws to avoid paying overtime, is illegal in the United States.

Conclusion

Your employer cannot spread your hours worked across several days to avoid paying overtime for a single day if such spreading does not exceed 40 hours in a week. If they do, you have the right to take action. Accurate record-keeping is the cornerstone of compliance, and any alteration of your records for the purpose of avoiding overtime pay can lead to severe consequences. If you suspect your employer is not complying with labor laws, contact your state labor bureau, local Labor Board, or Attorney General to protect your rights and explore your options.