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Sep04

OT for 35 hour worker

I have a 9-5 workplace. One employee regularly works 9-5:30. She does not reach 40 hours, but aren’t we obligated to pay her straight time ot or is that at company policy discretion?

The federal Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

Under the FLSA, employees must receive time and one half their regular rate of pay for all hours worked over 40 in a given workweek. Overtime is based on the number of hours worked in the established workweek not workday.

It’s important to note that some states, most notably California, have adopted daily overtime regulations. Thus, it’s important to know if your state has adopted such a law. Feel free to post a comment with the state listed and we can research applicable legislation. Otherwise, absent state law, providing additional compensation for employees who work beyond the standard 9-5 but not meeting the federal requirements for overtime pay is completely at the discretion of the employer.

This entry was posted on Friday, September 4th, 2015 at 7:40 pm and is filed under
Compensation, Labor Laws.
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