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What is the End of a Work Week for Calculation of Overtime

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  • 06-28-2012, 06:41 PM
    Charger77
    What is the End of a Work Week for Calculation of Overtime
    My question involves employment and labor law for the state of: Texas

    I am currently paid biweekly working Wednesday-Saturday night 12 hours shifts 6PM-6AM week1 and Wednesday-Friday night 12 hour shifts 6PM-6AM. No time is unpaid for lunch breaks, just a straight 12 hour shift.

    Our work week ends on Saturday night/Sunday morning midnight. My week 1 shift runs right in the middle of these two weeks. Should this shift be split 6 hours into week 1 and 6 hours into week 2, resulting in two 42 hour work weeks, or should it be 48 hours worked in week 1 and 36 hours worked in week two? The difference being 4 hours of overtime is converted to regular time in the first scenario.

    For what it's worth, if I were on day shift, I would be paid 48 hours week 1 and 36 hours week 2, essentially making less on night shift. When I was hired on, I was verbally informed that the pay would be 48 and 36, not 42 and 42. My boss confirms the verbal promise, however I have to deal with HR/payroll to change anything.

    Thank you for the help ahead of time. Please let me know if you need any additional information.
  • 06-28-2012, 06:50 PM
    cbg
    Re: End of Work Week Overtime Issue
    The law does not care one hoot what your shift is. If your company work week is midnight on Sunday midnight to 11:59 on the following Saturday, then all the hours worked between midnight on Sunday to 11:59 the following Saturday are one work week. If that means you have a shift that is partly in one work week and partly in another, then so be it.
  • 06-28-2012, 11:13 PM
    Charger77
    Re: End of Work Week Overtime Issue
    Thanks for the response. This is kinda what I was thinking, but I wanted to get some input one way or the other.
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