Overtime Pay and Alternative Work Schedules

The Fair Labor Standards Act (FLSA), which is a federal law, requires that all non-exempt employees who work more than 40 hours in a work week are entitled to be paid at a rate of time and one-half their regular rate of pay. For example, if an employee earns $20 per hour and works 50 hours in a work week, that employee would be entitled to pay of one and one-half times their regular rate of pay ($30 per hour) for any hours worked beyond the 40 hours work week (10 hours). For employees who work a regular 40 hour work week, overtime hours are usually relatively easy to calculate. However, calculations can become more complicated for full-time employees on alternative work schedules.

There are two general types of alternative work schedules in different places of employment, and our Palm Beach Gardens wage and hour attorneys can provide you with more information about how overtime pay works in these circumstances.

Types of Alternative Work Schedules 

To understand how overtime pay can be required for employees with alternative work schedules, it is essential to understand what we mean by the term “alternative work schedules.” As the US Department of Commerce explains, there are two general types of alternative work schedules that employers can set for employees:

• Compressed schedule, in which an employee works longer hours each day but fewer days of the week, up to 80 full hours in a biweekly period; and
• Flexible schedule, usually involving “core hours” in which all employees work combined with varying arrival and departure times for different employees. Flexible schedules can include variable week and variable day schedules with “base hour” requirements, as well as other flexible schedules that require employees to work 8 hours per day or 40 hours per week regardless of when those hours are worked.

When You Are Owed Overtime with an Alternative Work Schedule 

If you have an alternative work schedule, it is essential to understand when your employer must pay you overtime hours.

If you have a compressed schedule and are a full-time non-exempt employee under the FLSA, then you must be paid overtime hours for hours worked outside your compressed work schedule that are either “suffered or permitted.” In other words, if your employer requires you to work any time outside your compressed schedule, or if you decide to work additional hours outside your compressed work schedule and your employer knows about it, then you are owed overtime pay. There are also some circumstances in which exempt employees can be paid overtime for additional hours worked outside the compressed schedule if ordered by management.

Determining overtime requirements for employees with flexible schedules can be slightly more complicated. In order for overtime pay to be provided, additional hours must be ordered by management. Further, the hours must be in excess of 8 hours per day or 40 hours per week. If you are required to work additional hours but the hours do not put you in excess of 8 hours per day or 40 hours per week, you may be entitled to time off to account for the additional hours worked (rather than overtime pay) or other related possibilities.

Contact a Palm Beach Gardens Wage and Hour Lawyer 

Are you owed unpaid overtime? Contact an experienced Palm Beach Gardens wage and hour attorney at Sconzo Law Office today for assistance.

Sources:

dol.gov/general/topic/workhours/flexibleschedules

commerce.gov/hr/employees/work-life-balance/aws