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Wasn’t I suppose to get overtime?

I’m currently a CNA and I work for an agency. I go to different facilities through out the cities. For the pay period of 1/27/20-2/2/2020 I worked at one facility 31 hours and in the same week I worked at a different facility 14.5 hours. Together that is 45.5 hours. For the next pay period 2/3/2020-2/9/2020 I worked at two different facilities. One facility 24 hours and another facility 21 hours a total of 45 hours. I did not receive the five hours of overtime, shouldn’t those five hours be overtime?

10 Answers

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  • 1 month ago

    No. You have to work at the same facility.

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  • 1 month ago

    If you are paid by the agency, not the individual facilities, yes, you are owed overtime. Bring it up to the agency as if you think it was simply an error. If they don't pay you by next pay check, call the Labor Board for your state.

    Here is contact information for all states:

    https://www.dol.gov/agencies/whd/state/contacts

    • Bort
      Lv 6
      1 month agoReport

      The labor "board", it's called the Department of Labor is only capable of getting a person compensated that has been done wrong according to labor laws at the rate of their State's minimum wage. For the crap it will cause 5 hours it may or may not be worth all the abuse it will bring. 

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  • Bort
    Lv 6
    2 months ago

    It's possible whoever oversees payroll made a mistake or there's some sort of policy and/or agreement that has to do with overtime. Companies can have their own overtime pay policies that void labor laws if it's in writing and the employee signed it agreeing to it. People make mistakes and policies exist. Ask your employer about it. If it was a mistake they'll correct it and give you what you're owed in the next check. If it's due to some policy they have you'll know about it and at the least be able to calculate your pay more accurately.

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    • Bort
      Lv 6
      1 month agoReport

      "uh" Yes. They can. If it's in a document and the employee signs it they agree to it. Ever heard of a contract? That's what they're for!

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  • 2 months ago

    Yes, you should be getting OT most likely.

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  • 2 months ago

    The controlling factor is if you are legally employed by the agency, or by the individual facilities. You are legally entitled to overtime hours if you work more than 40 hours in a pay week for ONE EMPLOYER. If you are legally employed by the agency, and your pay week is Monday to Sunday, you should have overtime hours. If you are legally employed by the individual facilities. you didn't work 40 hours for the same employer, and are not legally entitled to overtime. If your pay week is Saturday to Friday, it depends on what days you worked the hours.

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  • 2 months ago

    Anytime an hourly employee works more than 40 hours one they are entitled to overtime. As your agency was your employer they owe you for overtime if this applies to you

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  • Anonymous
    2 months ago

    Nope. You probably work for an agency as a contract worker. If they are sending you to multiple facilities, they are paying the agency for your services but they are two separate companies. Unless you are employed by the agency as a full time regular employee with benefits, you will not get overtime. You would have to work over 40 hours at one job in order to qualify. It's why unions are desperately needed. No company wants to hire you for a full 40 hours because then they would actually have to treat you like a human being and give you benefits and OT. It should be illegal. But the agency you work for is probably set up more like a placement agency. You don't actually work for them - they send you out and get a good portion of your pay for placing you with clients.

    • parsnipianna
      Lv 7
      1 month agoReport

      Being a full time regular employee with benefits Has nothing to do with over time labor laws.. 

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  • 2 months ago

    🥴 Yes. But these small time businesses will screw you in any which way they can to save a buck.

    So... go to payroll and have them correct it because they do mess up... or have them thoroughly explain to you why they jipped you.

    It also could have been a missed punch on your part. Or a time card loss.

    Go get your money and do not let them screw you. Otherwise, note that working less makes you more money.

    Source(s): CNA for 10 years.
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  • Anonymous
    2 months ago

    If this is for the same company that operates two different (or more) facilities I would say yes.

      

    https://www.dol.gov/whd/opinion/FLSANA/2005/2005_0...

      

    I'd talk first to your staffing agency pointing out the law and then followup with your state's labor department if they say you don't qualify.

      

    If the two different facilities are owned by different companies, you are likely out of luck.

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  • Ron
    Lv 7
    2 months ago

    I have no idea what your contract says nor what the labor laws where you live say.

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