Paying 3rd shifters for last day(shift) worked in pay period

Cxjo

I am by no means a payroll expert and have encountered a situation here at my new employer that seems to be incorrect.

Pay period is 12:01 AM Sunday to 11:59 PM Saturday

Employee works 6 PM Saturday to 6 AM Monday

In essence, employee has 6 hours (Saturday evening) in pay period 1 and 6 hours (Sunday morning) in pay period 2

Company practice is to pay all 12 hours in pay period 1 (and show no hours reflecting in pay period 2 for Sunday)

I am just looking for some help here (specific FLSA pointers would be great) to illustrate WHY this needs to change.

thanks

Don D

The only reason I can think of is that the FLSA requires you to look at workweeks when establishing how many hours were worked. The workweek is a 7 day stand alone period of time with a start and end time. Any hours worked during that cycle of time must be paid accordingly, with those over 40 being overtime. There is nothing in the law that will allow us to shift those hours between pay periods simply for the ease of reporting or the avoidance of overtime. Our workweek start and stop time correspond with shift changes. However, if our employees work over, the time is shown in the actual workweek where it occurred.