OT >40

pattyo

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?

atrimble

[font size="1" color="#FF0000"]LAST EDITED ON 02-10-06 AT 02:38PM (CST)[/font][br][br]>>If they go over 40 hours that 1st week are they due OT?

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...)

Geno

Patty,

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

pattyo

Thank you both. You confirm other information I have been given. I just can never get through to the DOL office here in Phoenix!

atrimble

US Department of Labor FactSheet #23: Overtime Pay Requirements of the FLSA
[url]http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm[/url]

DB

You are private sector, correct? Just want to make sure because there are some special rules that public sector employers can use for certain job titles.

stilldazed

There is an exception if your business is a hospital or nursing home or includes one/both. Employee in either of those facilities are eligible to be paid by an FLSA exception call the '8 & 80' rule. If you are not one of those entities, however, you must pay OT after 40 hours in a single pay week.

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.