The Workweek
Officially, the workweek is 40 hours per week. It is comprised of any 7 consecutive days with seven 24-hour periods. For many people, it extends from Monday through Friday, but this need not be the case.
Do I get paid more for working at night?
No. There is no requirement to give a shift premium or overtime to any employee unless it is provided for by agreement. Many employers however, elect to pay extra for the second and third shifts in recognition of the inconvenience of working these hours.
SIDEBAR: There is no requirement for extra pay or overtime for someone who works on a Sunday.
What if I work more than 40 hours per week?
Nonexempt employees (those employees who are entitled to overtime) are entitled to one and one-half times their regular rate of pay after 40 hours of work per week. For an exempt employee, such as an executive, salaried administrator or a professional, it is likely that no additional compensation is due.
How do I know if I am an exempt employee?
In 2004, the government modified its rules with respect to what constitutes an executive, administrative and professional employee for purposes of overtime eligibility. The following criteria must be met to consider an employee exempt from overtime.
Executives
- The employee's primary duty must be management of the enterprise, or of a customarily recognized department or subdivision.
- The government will look at how much time the person is spending performing exempt work; generally 50 percent or more will satisfy this requirement.
- The individual regularly exercises discretionary powers.
- The executive customarily and regularly directs the work of two or more other employees.
- The employee has the authority to hire, fire, or his or her recommendations on hiring or firing, advancement, promotion or other changes affecting employees are given particular weight.
- The employee must be paid on a salary basis at a rate of at least $155 a week.
Some examples of managerial duties include:
- interviewing, selecting and training employees
- setting and adjusting pay rates and work hours
- handling employee complaints and grievances
- planning and apportioning work among employees
- preparing payrolls
Administrative Employees
- Primarily performs office or nonmanual work directly related to the management or general business operations of the employer or its customers.
- Customarily and regularly exercises discretion and independent judgment with respect to matters of significance.
- Regularly assists a proprietor or bona fide executive.
- Performs under only general supervision along specialized or technical lines requiring special training or executes special assignments under general supervision.
- The employee must not spend more than 20 percent on nonexempt work.
- The employee must be paid on a salary of not less than $155 a week.
Professional Employees
Employee's primary duty must be one of the following:
- Work requiring advanced knowledge in science or learning customarily obtained by prolonged study.
- Work that is original or creative in character in a recognized field or artistic endeavor.
- Work as a certified teacher.
- The employee must consistently exercise discretion and judgment.
- The employee must do work that is predominately intellectual and varied as distinguished from routine and mechanical.
- The employee must not spend more than 20 percent of the time working on activities incidental to the professional duties.
- The employee must be paid a salary of not less than $170 per week.
The interpretation of the terminology of these criteria can be difficult. It is recommended that you seek a professional where there are questions regarding overtime eligibility.
Further information is also available at:
www.dol.gov/dol/topic/wages/overtimepay.htmand at:
www.dol.gov/elaws/esa/flsa/screen75.aspIs overtime required if I work more than 8 hours in a day?
Under federal law the answer is no. Many states however do provide for payment after 8 hours work in a day, even where the 40 hours in the week have not been exceeded. Please check with your state Department of Labor to see its overtime requirements.
Is there a maximum number of hours I can work in a week?
If you are over age 16 the answer is no. However, it is not in the best interest of either the employer or employee to work an excess amount of overtime in a week. Excessive overtime results in both an increase in accident rates and a decline in productivity.
Can an overtime-eligible employee waive their right to receive overtime?
It is illegal for an employer not to pay a nonexempt employee overtime, even if the employee agrees to this. If you are asked to waive this right or are not being paid for the overtime hours you work, contact your local Department of Labor Wages and Hours division.
Do I have to work overtime if I do not want to?
Unfortunately, yes. A reasonable amount of overtime can be expected of you or from your employees. Failure to work required overtime can result in disciplinary action.
What if my company requires that I work 9 hours per day, but only allows me to bill for 8?
The answer depends on whether you are an exempt or nonexempt employee and the type of work you may be performing. If you are doing billable work and you are nonexempt, you are due money for all hours worked. If you are exempt and on a salary, your payment should not vary based on the hours billed, and overtime will not apply.
I work from 7:00 a.m. to 3:00 p.m. My company has a mandatory meeting once a month at 4:00 p.m. Should I be paid to attend?
Yes. If you are a nonexempt employee, your company must pay you for time spent at business functions or meetings where you are subject to the company's discretion and control.
My company is looking to save cash. Can I be given "comp time" in lieu of overtime pay?
If you are a nonexempt employee the answer is no. For exempt employees the practice is acceptable.
TIP: A simple rule to follow is that if an employee is nonexempt, they need to be paid for all hours worked.
When am I entitled to double-time pay?
Under the FLSA, you are not. There are no provisions for double-time compensation. However, many employers, and some states, require double-time after 12 consecutive hours of work. Some companies also pay double-time for work on a holiday. A union will often negotiate this payment in collective bargaining agreements.
I carry a beeper as part of my job. Am I entitled to additional pay for wearing it on the weekend?
In most cases, you will not be entitled to additional compensation. The FLSA does not require any payments for merely being "on-call" or carrying a beeper. The determining factor turns on whether the employee is free to use their time as they like. As long as you are not required to sit at home, but simply have to be reachable, no pay is required.
TIP: If an employee is paged and then responds, compensation will be due.