Wage law for working 36 hours, but paid for 40

Blendex · June 2003

Our company is considering a shift to work three 12 hour days for a total of 36 hours, but paying these employees for 40 hours. Can we do this, and if so how would we handle their time off for sick or personal?

For example if an employee on this shift worked 32 hours instead of the 36 required hours, would he forfeit the 4 "free" hours and be paid for 32 or would we pay 32 hours worked plus 4 "free" hours for a total of 36 instead of 40?

Also, would overtime be paid at time over 36 hours worked, or over 40 hours worked.

Thanks for the help.

sonny · June 2003

I think you can do this, but am not sure why you would want to.

You would not pay time and 1/2 til after 40 hours worked.

lnelson · June 2003

If an option I would try a 10hr 4 day work week first. Less confusion and no "free" hours saves money and vacation situation stays the same. There may be some regs. you need to consider check with your state.

LeeR · June 2003

we have several positions here that work 32 and get paid for forty. No overtime unless they go over 40 and if they don't work the full 32 they only get paid for actual time worked. Vacation and sick leave are tied to hours worked.

ritamcguire · June 2003

We work a schedule very similar to what you're considering. We have one shift that works 3 X 12 hour M-T-W and another shift that works 3 X 12 Th-F-Sat. We pay a 4 hour bonus if they work their scheduled 36 hours. If they work more than 36 hours they get paid their regular wages up to 40 and then overtime for any hours over 40, in addition to the 4 hour bonus. If they don't work their scheduled 36 hours they don't get the 4 hour bonus.

Wage law for working 36 hours, but paid for 40

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