Overtime Question

sbt

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]

Theresa Gegen TX

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!

SDDCHR

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?