Averagin Overtime
Darrell
3 Posts
My company is considering going to 12 hour shifts. The result would be non-exempt employees would work 36 hours one week and 48 the next. Due to some antiquated payroll issues, there is consideration being given to pay the employees as follows:
36 hour week - pay 40 hours straight time
48 hour week - pay 48 hours straight time (classified as 40 hours straight time and 8 hours straight time overtime)
I do not think this is legal by the FLSA but I am being told that since no one is losing money it is not a problem. I still have a problem with it and would like some other opinions.
Thanks.
36 hour week - pay 40 hours straight time
48 hour week - pay 48 hours straight time (classified as 40 hours straight time and 8 hours straight time overtime)
I do not think this is legal by the FLSA but I am being told that since no one is losing money it is not a problem. I still have a problem with it and would like some other opinions.
Thanks.
Comments
>non-exempt employees would work 36 hours one week and 48 the next. Due
>to some antiquated payroll issues, there is consideration being given
>to pay the employees as follows:
>
>36 hour week - pay 40 hours straight time
>48 hour week - pay 48 hours straight time (classified as 40 hours
>straight time and 8 hours straight time overtime)
>
>I do not think this is legal by the FLSA but I am being told that
>since no one is losing money it is not a problem. I still have a
>problem with it and would like some other opinions.
>
>Thanks.
You must pay overtime on the 8 hours over 40 in a week. You cannot average the hours.
Gary D. Jiles
Arkansas Employment Law Editor
Jack, Lyon & Jones, P.A.
3400 TCBY Tower
425 West Capitol Avenue
Little Rock, Arkansas 72201
(501) 375-1122
[email]gdj@jlj.com[/email]
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]