Ask Dave: Compliance with Overtime Pay
Question: One of my employees worked 9 hours on Monday and Tuesday, 8 hours on Wednesday, and 7 hours on Thursday and Friday. Even though this totals 40 hours, the employee claims he is owed overtime pay for at least Monday and Tuesday. Is he right?
Answer: No, unless you are in a few select states that have daily overtime such as Alaska, California or Nevada. Generally, under the Fair Labor Standards Act Employers must also pay all non-exempt employees a rate of time-and-one-half the regular rate of pay for each hour of overtime worked after 40 hours in a 7 day workweek. Nursing care facilities may pay employees overtime after 40 hours in a 7 day workweek or alternatively, use the "8 and 80" system. Under the "8 and 80" system, the nursing care facility may pay employees -- with whom they have a prior agreement -- overtime for any hours worked after more than 8 hours in a day and more than 80 hours in a 14-day period.
Dave Wilson has spent over two decades litigating wage and hour, employment, real estate, maritime, and general commercial disputes in the state and federal courts of Massachusetts and New Hampshire. Dave spends a significant amount of his time acting as a business partner with his clients, counseling and training them in all areas of employment relations law. Please visit the Hirsch Roberts Weinstein LLP website for more information.