Kirsten worked 44 hours this week, but her employer told her that she is not entitled to overtime because the previous week she was out sick one day, so she only worked 32 hours. Since she had to stay late to catch up, the employer is not responsible for the overtime. Is this correct?

Question

Kirsten worked 44 hours this week, but her employer told her that she is not entitled to overtime because the previous week she was out sick one day, so she only worked 32 hours. Since she had to stay late to catch up, the employer is not responsible for the overtime. Is this correct?

• Yes, the hours worked are averaged over the course of a month.
• Yes, it is not the employer's fault that Kirsten got behind at work.
• No, overtime depends on the hours worked during one week only.
• No, paid sick leave is legally required, so Kirsten gets full pay for the previous week.

Answer 1

No, overtime depends on the hours worked during one week only. Kirsten should be entitled to overtime pay for the hours worked beyond 40 in a single week, regardless of her sick day the previous week. Employers are legally required to pay employees overtime for any hours worked over 40 in a week.