overtime

judy matt · November 2003

Hello all!
My question this morning is regarding overtime payment. We are currently paid on a bi-weekly pay cycle. Are we required in Louisiana to pay overtime for hours worked over 40 in one week, or is it 80 in a bi-weekly period? I think it is 40 in one week, but just wanted some other views.

Thanks mucho!

Judy

bsa · November 2003

Federal law (FSLA) requires overtime after 40 hours in a workweek.

santire · November 2003

Judy, the basic rule is that overtime is paid over 40 hours in a work week in most states (the exception is California where state law says overtime begins after 8 hours in a single day.) However, because you mention 80 hours in a two week period and since you did not note what type of employer you are, you need to know that under Federal law hospitals and residential care facilities have a special provision if they choose to use it and their respective state allows them to do so (most states do so you would have to check Louisiana though I believe they do.) This provision is the 8 and 80 rule. Under this rule overtime is paid for working more than 8 hours a day or more than 80 hours in 14 days. Under an "8 and 80" agreement, you would pay overtime for 12-hour shifts, whether or not you work a full 80 hours in two weeks. You would not, however, pay overtime for working more than 40 hours the first week as long as you worked only 8-hour shifts. Incidentally, your employees must agree to this arrangement and, as I mentioned, it is only available to hospitals and residential care facilities.

judy matt · November 2003

Thanks for that info regarding hospitals. We are, in fact, a hospital. We are actually treating our payroll as you mentioned, and I found it a bit curious. But, as long as we are within the law, I'm okay with it. I appreciate your help very much.

Judy Matt

overtime

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