Overtime and Part-Time Pay Beliefs … Busted

Myth #8—Employees must be paid overtime for more than 8 hours a day or for weekend work or holiday work.
[Go here for Myths 1 to 8.]

The Facts: For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and one-half times an employee’s regular rate of pay after 40 hours of work in a workweek.

And that’s all. There is no requirement to pay overtime after any number of hours in a day or for weekend or holiday work. Note: Some states do have such laws.

Some exceptions to the 40 hours per week standard apply under special circumstances to employees of hospitals and nursing homes and to police officers and fire fighters employed by public agencies.

Nursing care facilities may pay employees overtime after 40 hours in a 7 day workweek or alternatively, use the “8 and 80” system. Under the “8 and 80” system, the nursing care facility may pay employees—with whom they have a prior agreement—overtime for any hours worked after more than 8 hours in a day and more than 80 hours in a 14-day period.

Employees engaged in fire protection or law enforcement may be paid overtime on a “work period” basis. A “work period” may be from 7 consecutive days to 28 consecutive days in length. For work periods of at least 7 but less than 28 days, overtime pay is required when the number of hours worked exceeds the number of hours that bears the same relationship to 212 (fire) or 171 (police) as the number of days in the work period bears to 28.

For example, fire protection personnel are due overtime under such a plan after 106 hours worked during a 14-day work period, while law enforcement personnel must receive overtime after 86 hours worked during a 14-day work period.

Furthermore, under certain prescribed conditions, a State or local government agency may give compensatory time, at a rate of not less than one and one-half hours for each overtime hour worked, in lieu of cash overtime compensation. (Private employers may not offer comp time.)

Myth #9—Employees must get 2 weeks’ notice of termination.

The Facts: The FLSA has no requirement for notice to an employee prior to termination or lay-off. In some situations, the WARN Act provides for notice to workers prior to lay-off. Some states may have requirements for employee notification prior to termination or lay-off.

HR Audit Checklists ensures that you have a chance to fix problems before government agents or employees’ attorneys get a chance. For a limited time, try HR Audit Checklists as also receive the FREE REPORT: HR Training to Avoid Lawsuits, Audits, and Fines. Get it Now.

Myth #10—An employer can’t change an employee’s scheduled hours of work without giving notice.

The Facts: The FLSA has no provisions regarding the scheduling of employees, with the exception of certain child labor provisions. Therefore, an employer may change an employee’s work hours without giving prior notice or obtaining the employee’s consent (unless otherwise subject to a prior agreement between the employer and employee or the employee’s representative).

Myth #11—There is a limit on how many hours a person can work.

The Facts: The FLSA does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work.

Myth #12—Part-Timers aren’t covered by FLSA.

The Facts: The FLSA does not define full-time employment or part-time employment. This is a matter generally to be determined by the employer. Whether an employee is considered full-time or part-time does not change the application of the FLSA.

Unfortunately, some of your managers and supervisors believe the myths above and a lot of others. Who knows what they might be up to? How can you tell what’s really going on in your organization? There’s only one way to find out what sort of compensation shenanigans they‘ve been up to—regular audits.

The rub is that for most HR managers, it’s hard to get started auditing—where do you begin?

BLR’s editors recommend a unique product called HR Audit Checklists. Why are checklists so great? Because they’re completely impersonal, forcing you to jump through all the necessary hoops one by one. They also ensure consistency in how operations are conducted. That’s vital in HR, where it’s all too easy to land in court if you discriminate in how you treat one employee over another.

Using the “hope” system to avoid lawsuits? (We “hope” we’re doing it right.) Be sure! Download the FREE REPORT, HR Training to Avoid Lawsuits, Audits, and Fines, and also try HR Audit Checklists on us for 30 days. Learn More.

HR Audit Checklists compels thoroughness. For example, it contains checklists both on Preventing Sexual Harassment and on Handling Sexual Harassment Complaints. You’d likely never think of all the possible trouble areas without a checklist; but with it, just scan down the list, and instantly see where you might get tripped up.

In fact, housed in the HR Audit Checklists binder are dozens of extensive lists, organized into reproducible packets, for easy distribution to line managers and supervisors. There’s a separate packet for each of the following areas:

• Staffing and training (incorporating Equal Employment Opportunity in recruiting and hiring, including immigration issues)
• HR administration (including communications, handbook content, and recordkeeping)
• Health and safety (including OSHA responsibilities)
• Benefits and leave (including health cost containment, COBRA, FMLA, workers’ compensation, and several areas of leave)
• Compensation (payroll and the Fair Labor Standards Act)
• Performance and termination (appraisals, discipline, and termination)

HR Audit Checklists is available to HR Daily Advisor readers for a no-cost, no-risk evaluation in your office for up to 30 days. Visit HR Audit Checklists, and we’ll be happy to arrange it.