Human Resource Blog

Overtime pay/sick days for salaried employees

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If a company pays an employee at the rate of $500 per week on a salary basis and has no sick day policy and that person works 8 hours Monday thru Wednesday and calls in sick on Thursday and returns and works 10 hours on Friday; would this person receive 2 hours of overtime for this week. The company pays overtime on the 1/2 time Chinese salary rate (also called the Belo plan.) OT for for the above employee would be 6.25 per hour.
Would the employee be eligible for the 2 hours of OT?

No, there is no overtime here in most states. Under federal law (and overtime law in most states) employees are entitled to an overtime premium when they work more than 40 hours in a payroll week. Assuming that the payroll week runs from Monday to Sunday, this employee worked 8 hours each on Monday, Tuesday and Wednesday, for 24 hours. Then he worked 10 hours on Friday, for 34 hours total. So the company has to pay him the usual salary of $500 per week, even though he only worked 34 hours in the week. But, he is not entitled to overtime.

There are a very few states such as California and Alaska that require overtime after 8 hours per day, but they are in the minority. If you think that you are in one of these states, feel free to post another question.