An employer can not manipulate the work week to avoid paying overtime. However, it is legal for your employer to adjust your work shift during a work week to avoid having you work overtime. For example, let's say you work extra time at some point during the work week, your empolyer may elect legally to send you home later in that same work week so that your total hours of the week do not exceed 40 hours. If you still work over 40 hrs in that work week you must be paid your overtime. Remember that your employer cannot give you comp time or bank time as that is an ilegal practice unless you are a government agency.
Hiring an attorney experienced with the Fair Labor Standards Act (FLSA) is the first step in protecting your overtime rights.
The Fair Labor Standars Act or the FLSA defines work as time spent performing job related activies which benefit your employer.
Protection from employer retalitation under the Fair Labor Standards Act.
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