There are several ways that businesses might manipulate payroll records or their employees to avoid their legal obligation to provide overtime wages. Sometimes, companies trick workers into giving up their overtime rights by convincing them to work off the clock.
Other times, managers insist that workers are not eligible due to a company’s no-overtime policy. Occasionally, employers even manipulate timekeeping records to prevent workers from qualifying for overtime pay. Another sneaky tactic involves routinely modifying the beginning and end of the workweek to avoid overtime obligations.
There is no set workweek
The Fair Labor Standards Act (FLSA) is the federal law that establishes the right to overtime wages. The law also defines the workweek as seven consecutive days or 168 hours. Many companies use the default workweek, where the week begins on Monday and usually ends on Friday.
However, employers can choose to start and end the workweek at different points based on the company’s operational schedule. There is nothing wrong with beginning the workweek at noon on Wednesday, provided that the company maintains a consistent start and end date for calculating wages.
Companies can occasionally modify how they structure the workweek, but they should only do so for legitimate reasons rather than a desire to deny workers overtime pay for one particular week. Routinely shifting when the week starts and ends can be one way for a company to hide overtime violations.
Workers who uncover unscrupulous and illegal efforts to deny them their wages may need to pursue an overtime wage lawsuit. Holding an employer accountable can lead to the wages that workers deserve and can also prompt companies to modify their business practices.