Mandatory Overtime for Straight Time Pay

Can an employer require MANDATORY overtime without paying overtime pay (time and a half) because an employee does not have the minimum of 40 hours regular time due to PTO or vacation days in that week?

1 answer  |  asked Aug 17, 2007 06:50 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
An employer does not have to pay time and a half for less than 40 hours

The more accurate question, in terms of overtime law, is whether the employer must treat vacation or PTO hours as "hours worked" when calculating the number of hours worked in a work week for overtime purposes. The answer is "no," vacation and overtime hours are not hours worked. Thus, if your employer requires you to work 8 hours on a Saturday in the same week that you took 40 hours of vacation or sick time, then you have worked only 8 hours that week for overtime purposes. Since 8 does not get you over 40, you are not entitled to overtime for those 8 hours.

posted by Neil Klingshirn  |  Aug 17, 2007 2:04 PM [EST]

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