When Does Overtime Start?
Question: Do you have to pay your field personnel overtime after 8 hours of work per day? Our current policy is that we pay overtime after 40 hours of time worked in a week. But every now and then someone complains that they want overtime for hours worked over 8 hours. What is the norm in the industry?
Answer: To start, laws trump norms every time! In most states, overtime is due only after 40 hours in a week. However, in some states, most notably California, an employee is entitled to overtime after 8 hours in a day. If you operate where overtime is required after 40 hours, you can if you choose pay overtime after 8 hours in a day. Insofar as any norms, most companies do not pay any more overtime than what is required by the law. Check with local counsel or state agencies to determine what the rules are for your particular state.
This response is intended for general informational purposes only and should not be construed as legal advice or a legal opinion, nor is this column a substitute for formal legal assistance. For help with particular legal needs, members are invited to consult with Brooke Duncan III of Adams and Reese LLP. Mr. Duncan can be reached at 504-585-0220 or by email at firstname.lastname@example.org.
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