A family member of mine works for a small, family-owned business and has for 5ish years.

They’ve never received OT after 40 hours, yet everything I’m seeing says they should be.

I know the type of position matters from what I’ve read, but isn’t an hourly employee supposed to receive time and a half for hours worked after 40 hours each week?

They’ve been told by their employer that they only receive time and a half pay when they work on-call once a month (this brings them to over 40 hours, but the regular work week exceeds 40 hours to begin with).

Can someone explain in simple terms if they’ve got any case or have things been done correctly?

Thank you!