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Generally, no. Many employers will total an employee’s hours for a 2-week pay period and only pay overtime after 80 hours in the pay period. This is referred to averaging. However, overtime is based on a 7-day workweek and employers should look at each workweek individually and pay overtime after 40 hours in any one workweek.
For example, if an employee works 35 hours in one week and 45 hours in the next week, they are entitled to 5 hours of overtime pay even though the 2-week total is only 80 hours.
Note, hospitals and healthcare facilities are allowed to adopt an 8 & 80 system allowing them to pay overtime after 8 hours per day or 80 hours per 2-week pay period.
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