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Nov13

Overtime requirement

Compensation
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Can a employer require that a non-exempt employee work overtime?

Yes, as an employer you can absolutely require that your hourly or non-exempt employees work overtime, as long as you pay them time-and-one-half when they work more than 40 hours in the payroll week. This is called mandatory overtime, and it is the most common type — where the employee must work the hours, or face losing his or her job.

Non-exempt salaried employees are basically hourly employees. They can be paid less when working fewer than 40 hours per week, and must be paid mnore when they work over 40 hours per week.

Under federal laws, an employee is entitled to 1.5 times the employees average hourly rate, when the employee works more than 40 hours per week. (A few states such as California and Nevada have stricter requirements.) But there is no limit on the number of hours that you can require an employee to work, as long as you pay overtime.

Any employee who refuses to work overtime can be disciplined or terminated.

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This entry was posted on Friday, November 13th, 2009 at 7:30 am and is filed under
Compensation.
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