Overtime Pay Not Affected by Worker’s Shift Switch — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Overtime Pay Not Affected by Worker’s Shift Switch

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Q. Are employers required to pay for overtime hours resulting from the employee voluntarily switching shifts with another employee? —E.R., Kansas

A. Yes. Federal wage-and-hour law says nonexempt employees must receive overtime compensation at one and one-half times their regular rate for all working hours beyond 40 in a workweek. The fact that your company didn't specifically request that the employee work a particular shift doesn't mean that the time worked should not be counted as hours worked when figuring overtime compensation.

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