Should I be paid overtime?
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Should I be paid overtime?
I work for a school in the facilities dept. My full-time job 40 hrs. per week pays 16 per hour. In addition, I drive a school bus after hours and I am paid at the same hourly pay as my full-time job and not at an OT rate. Is this within the law?
Asked on March 14, 2019 under Employment Labor Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you are paid on an hourly basis (and your time worked is tracked and you are paid based on how many hours you work), you are not exempt from overtime: hourly workers are never exempt. That means that whenever you work more than 40 hours per work, all work past 40 hours must be paid at the overtime (time-and-a-half) rate. If you are not exempt from overtime but work more than 40 hours/week without getting overtime, your employer is violating the law.
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