›

Overtime Question

sbtsbt 12 Posts
in Compensation Vote Up0Vote Down
My client has an employee who wants to volunteer to do weekend work in another department (another totaly different job duty) and is willing to do it for straight time (assumes he put in his 40 Mon through Fri). I told my client that I did not see any possible scenario where this could not come back to bite him in Texas or any other state that I knew of. Am I wrong about this? Can anyone offer a solution where the employee (definitley non exempt in both duties) can earn some xtra money and my client does not have to pay overtime? Thanks in advance.


[email]sbturner@ix.netcom.com[/email]
Share on Facebook Share on Twitter

Comments

  • 2 Comments sorted by Votes Date Added
  • Theresa Gegen TXTheresa Gegen TX 814 Posts
    PMVote Up0Vote Down
    The department of labor will look at it this way:

    One employer -- one employee

    NOT

    One employer -- one job

    If employee works over 40 hrs a week, employee is entitled to overtime, regardless of whether they are completely different jobs, so long as the jobs are for the same employer.

    So yes, the employer would owe the employee overtime (even if the employee agreed not to get overtime -- the law will override that agreement).

    Good Luck!
    Share on Facebook Share on Twitter
  • SDDCHRSDDCHR 192 Posts
    PMVote Up0Vote Down
    Theresa is absolutely right. There's nothing you can do but pay overtime if it is the same employer and the hours worked are in excess of 40. Other things to take into consideration: Exempt or nonexempt, the days of the paid work week, duties of the employee (i.e. law enforcement/fire protection)etc?
    Share on Facebook Share on Twitter
Sign In or Register to comment.