overtime pay over 45 hours

[djeffers]

Jurisdiction

Arkansas

I am non-exempt salary and only get paid straight time for overtime worked over 45 hours. At other places that I have worked the 45 hour was because they assumed 1 hour lunch break. Where I work now (in Arkansas) my current employer pays straight time for overtime worked over 45 hours and takes time from the clock for lunch. Is this legal?

 

[cbg]

Are you taking your lunch break or working through it?

 

[Djeffers]

Taking lunch. They deduct time for lunch each day and require 45 hours before paying overtime. So there is 5 hours each week overtime not paid on a scheduled 40 hour week.

 

[txls]

Just to be clear, are you saying that you are clocking 50 hours, they take 5 out for lunch so you actually work 45 and they are not paying overtime? What explanation are they giving you?

 

[Djeffers]

Yes that is correct. When I asked about it, the answer was 'That's how we do it here.'

 

[txls]

The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.
You might make a phone call to the DOL to discuss your job duties to make sure you don't fall under one of the exceptions.

 

[hrforme]

There is a rare exception called a Belo Plan: Read 'Belo' Plans on Payroll-Taxes.com | Payroll Taxes that allows for this setup for non-exempt salaried employees. It is an alternative salary method of compensation that includes expected overtime pay.

But I kind of doubt that your situation falls under it. You might read through the link above to see if you meet all criteria.