I continue to receive questions about pyramiding of overtime. Prior posts are here: 6/2/22,  8/31/20; 12/4/17; 1/10/17; 4/1/16; 12/1/16; 1/2/13. The latest question came in a few days ago.

Names have been changed to protect anonymity of the poster & their company.

Elwood Blues;eblues@gmail.com

My name is Elwood Blues, and I work at a paper plant in Pontiac, IL. For straight day workers working 8 hours a day, our Union contract reads the following:

An employee will be paid overtime for all hours worked:

A) over 8 in a 24 hour period
B) consecutively, anything over 8
C) anything over 40 in a week

So, if 1 work my scheduled 7-3:30, with a 30 minute unpaid lunch, have to come back in at 11:30 that night, and then work my scheduled 7-3:30 shift the next day, would it be pyramiding overtime if I got paid overtime pay for the hours 11:30 all through my next shift?

My Union members were wondering because the coming back at 11:30 and working the next scheduled day has happened quite a few times.

Thanks for your help

Elwood Blues

Charles Krugel <cak1@charlesakrugel.com&gt; Jun 3, 2024, 12:47 PM
Hi Elwood,

I have to preface my response by telling you that I’m not giving you legal advice & I’m not your counsel.

My impression is that yes, you are due OT for the hours commencing at 11:30 that evening but only until that 11:30 shift ends, unless that shift overlaps with the shift starting at 7 the next day (over 8 in a 24 hour period), or unless you’re working more than 40 hours in a workweek. However, I don’t believe that any of this equates to pyramiding of OT because it doesn’t pay you more than statutory OT. That’s what pyramiding really is, increasing your OT rate by, for example, doubling or tripling up your rate of pay for OT hours.

Feel free to followup with me.

Sincerely,

Chuck Krugel
—
Charles A. Krugel
Human Resources Attorney & Counselor
Labor & Employment Law on Behalf of Business
312-804-3851
cak1@charlesakrugel.com
Chicago