Question: One of my employees worked 9 hours on Monday and Tuesday, 8 hours on Wednesday, and 7 hours on Thursday and Friday. Even though this totals 40 hours, the employee claims he is owed overtime pay for at least Monday and Tuesday. Is he right?
Answer: No, unless you are in a few select states that have daily overtime such as Alaska, California or Nevada. Generally, under the Fair Labor Standards Act Employers must also pay all non-exempt employees a rate of time-and-one-half the regular rate of pay for each hour of overtime worked after 40 hours in a 7 day workweek. 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.