I’m paid hourly during the week, and then a salary for working a 48-hour stretch at a group home. Is this illegal and am I owed overtime?
March 23, 2025
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Then yes — being paid hourly (with overtime) during the week strongly suggests you are non-exempt. That means they still owe you overtime for the weekend hours too, even if they pay it as “salary.”
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I’m paid hourly during the week, and then a salary for working a 48-hour stretch at a group home. Is this illegal and am I owed overtime?
I understand your concern. Can you please clarify if you are being paid overtime for the hours worked beyond 40 in a workweek?
I am not. If I work that 48 hours after the initial 40, it’s a salary of $650.
Are you classified as exempt or non-exempt from overtime pay under the Fair Labor Standards Act (FLSA)?
I am not.
Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with your pay structure.
I have worked for this company for over a year and have missed out on almost $10,000 because of this issue. I work 11 pm to 7 am Sunday through Thursday. And I would work every other weekend as a 48-hour shift.
If I worked during the week more than 40 hours, I would receive overtime pay — but not for those 48-hour shifts that I worked on the weekend. The 48-hour shifts would be salary at $650.
I actually take on more work during the weekend. But otherwise, no. And because I’m paid overtime during the week, that means I’m not exempt, correct?
Would signing a wage agreement make this legal?
What would be my next steps?
Welcome and thank you for using AskaLawyer. My name is Liz and I’m the attorney who will be assisting with your legal question. I know that dealing with the law can be difficult and confusing, so I’m here to help!
To best assist you: does your job title and duties change between the week and weekend?
No.
And the salary is not overtime? Because you can’t be paid salary just to avoid overtime for the same duties. That would be illegal.
You have to be genuinely exempt from overtime — which typically means a different job classification, managerial responsibilities, salary basis, etc.
Correct. Unless something changed with my job title, but I don’t believe it did.
Then yes — being paid hourly (with overtime) during the week strongly suggests you are non-exempt. That means they still owe you overtime for the weekend hours too, even if they pay it as “salary.”
Would signing a wage agreement make this legal?
No — you can’t contract around the Fair Labor Standards Act (FLSA). Even if you signed an agreement, it doesn’t waive your rights to overtime under federal law.
What would be my next steps?
Have you contacted the Department of Labor?
It would be best to file a complaint federally (www.dol.gov/agencies/whd/contact/complaints) and make a claim for unpaid wages within your state.
No, but a coworker who was fired recently has.
That’s a good start. If you have unpaid overtime, you can file a wage claim with the Department of Labor. They’ll investigate whether you’re owed back wages and help recover unpaid overtime.
Thank you SO much, Liz!
I think I’m golden.
Is it bad that I am putting in my resignation letter tomorrow morning after work, effective immediately?
That is your choice. With “at-will” employment, you can resign at any time.
If I can be of help, please let me know.
