My boss went on vacation a few weeks ago, and I covered for him for 5 days (Monday through Friday), working a total of 43.5 hours. When my paycheck came, I had no overtime for that week.
When I asked about it (via email), my boss sent the following response:
“Hello Agile-Reception,
[Company Name] pays out at the overtime rate when an employee works over 40 in a single week. Part-time employees we paid from 5.15.24 to 5.29.24. Let me check the dates in question.”
Since 5/15 was a Wednesday, my boss is only counting W-F (25.75 hours) on my paycheck, and not my hours from Monday and Tuesday. Is this legal? This is in New Mexico. I don't think it is, but wanted to get some input before I escalate.
EDIT: Thanks everyone for your responses. My workweek is Wednesday – Tuesday. I worked 43.5 hours from 5.13 to 5.17 (M-F), and the next week I worked M, W, TR, F. I guess now I know why my boss gives me Tuesdays off when I'm not covering for him. It does sting, because all my FT coworkers who also put in the same hours as me to cover got OT, but I didn't (FT employees workweek is Sunday – Saturday). I'm not going to escalate this further, since it's only 3 hours.