Legal Question in Employment Law in Washington

Over-time Pay

My mother is employed in WA State in a factory type of job. Her

wages are low. She said that she has to work a certain amount of

hours in order to earn vacation time. She has earned quite a bit of

time. She has now been told that if she uses any of her already

earned vacation time in a week and then works other days in the

week and ends up with over 40 hour,she doesn't get overtime pay.

Say 8 hours vacation (like taking Monday off) and then she works 36

hours over the rest of the week. She is working more than an 8 hour

day, at the company's request, but only getting 'straight time'. Is

this legal? Her hours total more than 40, and her vacation has

already been 'earned'. This is something her job has just started and

didn't mention to their employee's until they came to them with

questions about their checks.

Any info would be great.

Thanks-

--name removed--


Asked on 8/01/05, 9:11 pm

1 Answer from Attorneys
Craig Crispin Crispin Employment Lawyers

Re: Over-time Pay

The Fair Labor Standards Act, which governs overtime pay, is based on hours worked, not hours paid. When an employee works over 40 hours in a work week, overtime pay is earned, but if some of the 40 hours is not "worked" (i.e., is vacation pay), then no overtime pay is earned.

This is not specific legal advice, but a general statement of legal principals. You should rely only on advice from an attorney retained for the specific issue involved.

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Answered on 8/01/05, 11:18 pm


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