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Half-Time Pay for Overtime Hours

Retailers and other service employers (such as lawn care providers) often pay their employees a salary plus “half-time” pay (instead of full time-and-one-half pay) for hours worked over 40 in a week. This method of calculating overtime is referred to as “half-time pay” or “fluctuating workweek pay.” Some workers and supervisors refer to this payment method as “Chinese overtime.”

However, this way of calculating overtime pay is illegal in several states such as Pennsylvania, California and New Mexico). Outside of these states, employers have to adhere to various requirements under federal wage and hour regulations in order to be able to pay their employees under the half-time method. Often, these employers fail to meet these requirements.

If you received half-time pay for overtime hours, you may be eligible to make a claim for unpaid wages. If you have any questions about this investigation or would like to discuss a potential claim, please contact us to speak with an attorney for a free and confidential consultation.

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Fighting for Fair Wages.

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