Overtime after 40?

Ranger

We are a manufacturer in Wisconsin. We currently pay 1.5 for Saturday and 2.0 for Sunday overtime (regardless of what was worked or not worked M-F). We are looking at changing to paying 1.5 after 40 and 2.0 after 48. The problem is what comprises the first 40? We would count vacation, holiday, funeral, etc. as part of the 40. But, under FMLA and WFMLA, do we have to count a sick day (whether paid or unpaid)? We do not distinguish between a sick day that wouldn't qualify for FMLA/WFMLA and a sick day that would qualify, and have no plans to begin. So, if we have to count a sick day as part of the 40, we're better off staying with our current policy. (Yes, we have very liberal benefits -- we are 100% employee owned.)

Hunter1

Yes, you do have very liberal benefits. I can see (maybe) paying 2X on Sunday, but 2X after 48? That IS generous. I'm not certain, but I don't think FLSA and WFMLA interact in this way. FLSA requires that you pay time and one-half after 40 hours WORKED, and I don't think you would have to include sick pay, because it isn't worked.

Down_the_Middle

Hunter1's correct in suggesting that you pay overtime when HOURS WORKED exceed 40 per week. While there's no law to prevent you from paying O/T on non work hours (vac, sick, holiday, etc...)why would you do it??? Being employee owned shouldn't translate into reckless and impractical payroll practices. Generosity is one thing...........acting prudently is another. Good luck.