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Nov12

Overtime for Part Time Employee

I’m in Colorado. I have an employee that is part time who works 6 hours a day M-F. I had to put together a Saturday crew and she would only work if I paid her overtime. I needed her so I agreed to pay a bonus for the difference not knowing if I could do that. How should that be handled and are there laws regarding paying overtime wages when the 40 hour works week has not been exceeded?

Colorado’s Minimum Wage Order requires employers to pay employees overtime at a rate of one half of the regular rate of pay for any work in excess of: (1) forty hours per workweek; (2) twelve hours per workday, or (3) twelve consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal periods), whichever calculation results in the greater payment of wages.

The federal wage and hour law, the Fair Labor Standards Act (FLSA), mandates that employees must receive time and one half their regular rate of pay for all hours worked over 40 in a given workweek.

Neither law prohibits an employer from paying overtime wages prior to the meeting the hours requirement. Further, as long as an employee receives at least the applicable minimum wage and overtime pay as required, employers can change an employee’s rate of pay as deemed suitable.

Lastly, the FLSA requires employers to maintain specific records for non-exempt employees including total daily or weekly straight time earnings and total overtime earnings for the workweek. Though you may have paid the employee her overtime rate, it’s not actually considered overtime wages since she didn’t meet overtime requirements under either federal or state law. So, make sure the additional pay is noted as specialty wages or bonus wages, not payment for overtime hours worked.

This entry was posted on Thursday, November 12th, 2015 at 8:53 pm and is filed under
Compensation, Labor Laws.
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