Overtime over 8 hours

Our company's policy is to pay overtime for time worked over the normal eight hours of working time for a normal working day. Our question is if an employee works 6 hours on Monday and wishes to make up that time Tuesday and work 10 hours, do the 2 hours extra worked on Tuesday have to be paid at overtime rate? Can the employee sign a waiver stating they agree to make up time missed on a straight time basis? Thanks!


  • 4 Comments sorted by Votes Date Added
  • My cut on this is that according to your policy yes it would be overtime pay for the two hours worked on Tuesday. However that is a greater threshold than the law requires so the waiver may be okay as long as you are paying the correct overtime pay for any hours in excess of 40 in the seven day period.

  • Also be aware that you cannot allow an employee to use this "comp time" in another pay period, so if your pay periods run Wednesday through Tuesday, you would not be able to do this with overtime hours worked in the early part of the week and make up time in the later part of the week.
  • Check overriding state law in Kansas, but the Federal law states: (1) There are no provisions for overtime beyone work actually performed in the work week (168 contiguous hours) established by the employer. There is no such thing as "comp time" under Fair Labor Standards Act. Therefore, unless your 10-hr day goes past the 40 hours for that "work week", no overtime is mandated. (2) Company policy may constitute a contract, however, if your employee manual lacks the magic phrase "This is not a contract and the provisions herein may be modified or revoked by Management at its sole discretion". (3) If you want to be more generous than the preceding, there's no restriction on such gift giving!

  • If your company policy is to pay overtime for hours worked over 8 in a single day, then I would say "yes" you would have to pay the employee the 2 hours on Tuesday as overtime, but why would you allow them to "make up" time on Tuesday lost from Monday? Unless it is necessary for them to work these extra two hours, I would not allow them to "make up" time. It is costing your company money!
Sign In or Register to comment.