I’m currently a CNA and I work for an agency. I go to different facilities through out the cities. For the pay period of 1/27/20-2/2/2020 I worked at one facility 31 hours and in the same week I worked at a different facility 14.5 hours. Together that is 45.5 hours. For the next pay period 2/3/2020-2/9/2020 I worked at two different facilities. One facility 24 hours and another facility 21 hours a total of 45 hours. I did not receive the five hours of overtime, shouldn’t those five hours be overtime?
If you are paid by the agency, not the individual facilities, yes, you are owed overtime. Bring it up to the agency as if you think it was simply an error. If they don't pay you by next pay check, call the Labor Board for your state.
Here is contact information for all states: https://www.dol.gov/agencies/whd/state/contacts
It's possible whoever oversees payroll made a mistake or there's some sort of policy and/or agreement that has to do with overtime. Companies can have their own overtime pay policies that void labor laws if it's in writing and the employee signed it agreeing to it. People make mistakes and policies exist. Ask your employer about it. If it was a mistake they'll correct it and give you what you're owed in the next check. If it's due to some policy they have you'll know about it and at the least be able to calculate your pay more accurately.
The controlling factor is if you are legally employed by the agency, or by the individual facilities. You are legally entitled to overtime hours if you work more than 40 hours in a pay week for ONE EMPLOYER. If you are legally employed by the agency, and your pay week is Monday to Sunday, you should have overtime hours. If you are legally employed by the individual facilities. you didn't work 40 hours for the same employer, and are not legally entitled to overtime. If your pay week is Saturday to Friday, it depends on what days you worked the hours.
Anytime an hourly employee works more than 40 hours one they are entitled to overtime. As your agency was your employer they owe you for overtime if this applies to you