Is Employee Overtime exempt if there is a contract between employer and employee for 50 hours instead of 40?

An employee would like to be salaried an allowed to work more than 40 hours a week. I try to keep overtime to a minimum but they want the flexibility. They are a manager of shop and don't make enough to be exempt. They would like to sign a contract for overtime hours.

1 answer  |  asked Feb 13, 2020 09:44 AM [EST]  |  applies to Colorado

Answers (1)

Nina Kazazian
An employer and employee cannot "agree" to exempt the employee from the wage and hour laws, including overtime, exempt status, or minimum wage. If the job duties and responsiblities qualify for an exempt position, raising the salary to the minimum for exempt personnel might get you to the desired result.

However, first it should be determined whether the set of job duties would be exempt (the job title is not the determining fact and your question does not include all the relevant facts or factors). Then, an appropriate solution can be formulated.

Therefore, I highly recommend you to consult with a competent attorney to help you navigate this situation. A good lawyer will help you find a way to achieve your goals in compliance with the law.

posted by Nina Kazazian  |  Apr 25, 2020 4:13 PM [EST]

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