Alternative Work Schedules for Non-Exempts

Are employers able to create "alternative 2-week work schedules" for non-exempt employees such as the following? Example: an employee's regular schedule would be 35 hours this week and 45 hours next week, but they receive no overtime for the second week. I've been told this type of schedule exists in some industries, but I can't find evidence of this on the DOL site.

Thanks for your help...


  • 5 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-28-05 AT 07:27AM (CST)[/font][br][br]We do something like this at our company with the 12-hour shifts. The shifts work alternating 4 days on, three days off, three days on, four days off. The result is that one week an employee works 36 hours, the next week s/he works 48 hours. Unless the employee works over 40 that first week, s/he does not get overtime. During the second week, the employee is paid 8 hours overtime.

    This scenario is all perfectly legal, but I agree that the poster's 35/45 to offset the overtime pay IS illegal.

  • The schedule and pay described by AZHR is NOT legal. The schedule and pay described by hhaynal IS legal.

    They are both talking about a 40-hour workweek. It doesn't matter to DOL how many hours an employee works as long as the employee gets time and a half for all hours worked over 40. Even though AZHR has described a bi-weekly pay period of 80 hours, the 40-hour work week still applies.

    A pay period and a work week are not the same thing.
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-28-05 AT 08:37AM (CST)[/font][br][br]IF, and it is an important IF, you are unionized, you might be able to use a 1040/2080 plan (see section 7(b) of the Act). You might also review section 7(f) of the Act, referred to as Belo plans. We had a rousing discussion of this a few months ago that pretty much covered the ifs, mays, shouldn'ts, wouldn'ts, but, as I recall, didn't change anyone's minds. If you think you could qualify under 7(f), pay close attention to the detail of the requirements and your situation - it is a very narrow application. You might be able to find it by searching for 'chinese overtime.'
    OK gang, let's let AZHR do some research before we all jump on this again - although it was great fun at the time.

    I should have said the thread was in the 'wage and hour' area, not the employment law area.
  • Thanks for your responses everyone. Your feedback is what I expected.
  • I would assume that this type of work schedule would not be in violation for exempt ee's?
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