Work Schedule to Avoid Overtime

Donna F

[font size="1" color="#FF0000"]LAST EDITED ON 04-23-02 AT 12:26PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 04-23-02 AT 12:26 PM (CST)[/font]

My question is: Can you set a work schedule that would avoid overtime pay for an hourly employee? We have an hourly employee that is required to attend meetings twice a month. These meetings average 2 hours. We know every 2nd and 4th Monday these meetings will occur. Can we set her schedule to have her come in at 10:00 a.m. on the Tuesdays following the meeting?

Thanks,
Donna

Down_the_Middle

Sure. Unless you have some contractual agreement with this person for a specific starting time (which is doubtful), you can certainly adjust their work schedule.

Margaret Morford

Or unless your state has a law that requires payment of overtime after 8 hours (California has one I believe).

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

David Hagaman GA

Generally yes, as long as the schedule you set does not end up with the employee working more than 40 hours during the work week, because you'd then have to pay overtime, or over 8 if required by a union contract or state or local law, which is rare but does occur in some states.
One way some employers get around paying time and one half the employee's regualr rate for hours worked over 40 in a work week is to put the employee on the fluctuating work week method of payment. This method is approved by DOL. It works best for employees whose hours vary each week, and some weeks they work more than 40 but some they may work less. This method essentially allows an employer to pay the employee 1/2 time for all hours worked over 40. There are other requirements and issues in this payment plan too numerous to mention in this reply. Check with your labor attorney who can tell you exactly how it works.