Limiting employee hours to eliminate overtime.

Can a public employer (school district) limit the amount of hours an employee works so that they do not go into overtime?

1 answer  |  asked Jul 24, 2001 12:35 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Limiting Overtime

Any employer can limit overtime, public or private. In fact, if you were to read one major law governing overtime, the Fair Labor Standards Act, you would think that federal policy is that employees should not be working overtime, unless it is really necessary.

Public employers, unlike private employers, have an additional way to avoid actually paying overtime. Rather than pay you for overtime, public employers can give you compensatory time.

The only way an employer, public or private, might get into trouble for not allowing overtime is if it is done on a discriminatory basis. When I say discriminatory, I mean because of race, religion, national origin, gender, etc.

posted by David M. Lira  |  Jul 25, 2001 10:08 AM [EST]

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