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Pay Periods & Overtime FAQ

How do pay periods affect overtime pay?

Pay periods do not affect the calculation of overtime. Overtime is calculated based on a workweek. A workweek is a 7 day period that your employer establishes and it must remain consistent. The workweek can start on any day of the week. For example, your employer may establish that the workweek runs from Monday through Sunday or from Wednesday to Tuesday.

If the pay period ends during a workweek, this does NOT affect the calculation of overtime. You continue to count your work hours through the end of the workweek to determine how much overtime you may be due.

Example: Assume your employer’s workweek runs from Monday to Sunday. You work 6 days in a row from Tuesday through Sunday, 8 hours per day, for a total of 48 hours. The pay period ends on Friday.

Your pay check for the pay period that ends Friday will include the 32 hours you worked from Tuesday through Friday.  However, to calculate the overtime you worked for the week, you would continue to count all your hours worked through Sunday.  The check for the next pay period would include the remaining 16 hours you worked that workweek (Saturday & Sunday) PLUS overtime pay for 8 hours because you worked a total of 48 hours for the workweek.

Your employer may change when their workweek starts but the change cannot be made to avoid paying overtime.

I work more than 80 hours in a pay period but I still don’t get overtime pay.

Learn more about the labor laws concerning this matter here.

Client Reviews

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A situation that involves attorneys is emotional - Mike Lore is an attentive listener and really helped me come to the terms of my situation. He used his understanding of the law to construct a case that was grounded in fact and skipped the needless 'finger-pointing' and 'he-said/she-said' back and forth. Mike's professionalism with me (the client) and the opposing attorney moved the case forward quickly with a successful result.

- E.S.

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After talking to HR and trying to find answers to my questions about the overtime laws online, I was so confused. I contacted the firm and spoke to Stacy. She was so nice and took the time to review my pay stubs. She explained what the law requires and how it applied to my job. Turns out I do not have a case. Even though I didn’t have a case, she sent me a follow up email with even more information. So glad I called them.

- P.A.

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We live in another state, but my husband's company sent him to work in Texas for 6 months. With the laws being completely different from our home state, it was nice to speak to a professional that could put us at ease and explain the laws to us.

- D.E.