OT >40
pattyo
71 Posts
We're looking at going to a flex schedule wherein employees work a total of 75-80 hours in a 2 week period. If they go over 40 hours that 1st week are they due OT?
Comments
Yes. A work week is 40 hours in any period of 168 consecutive hours, regardless of whether the payday is every seven days, every ten days, every 14 days, every other Friday, or once a month.
If you've got a two-week pay period, and if they work 41 hours in Week 1 and 39 hours in Week 2, pay them for one hour of overtime, even though the total hours worked equal 80. We would additionally charge our employee one hour PTO for having not worked a full 40 hours the second week.
(Edit: Of course, this is all contingent on the fact that the referenced employee is not exempt from overtime regulations...)
I believe the regulations call for overtime for hours in excess of forty in a work week -- I don't think the regs allow for pay-period averaging.
Geno
[url]http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm[/url]
The exception may not look as good as it sounds. If you get to use the 8 & 80 rule, you get to combine total weekly hours over a two-week payroll period (i.e., 41 in Wk 1 + 39 in Wk 2), but you must also pay OT after 8 hours in a single day.
We have a nursing home as part of our business and use the 8 & 80 rule for limited employees in that facility. The rest of our organization is subject to the general 40-hour rule.