Legal Question in Employment Law in Alabama
Changing work hours to exclude overtime compensation
My husband regularly works 8 hours per day, 5 days per week. Last week his employer required him to work 10 hours one day. On the day after the extra hours were worked they were told they will not receive overtime, they will leave early another day instead. Is this allowed?
1 Answer from Attorneys
Re: Changing work hours to exclude overtime compensation
The rule on overtime is relatively simple. Hours worked in excess of 40 hours per week are required to be paid at time and a half unless you are otherwise exempt. If your Husband is hourly paid he is not exempt except in some very unusual circumstances - like he's a lawyer :(
Many companies have shifted to 10 hour shifts four days a week. That is acceptable. The time period is one week - not 80 hours in two weeks as some companies have found to their detriment.
Thus the question is when is this "comp" time being given? If it is during the week that the 10 hour day is done than they are free and clear. If not, call me.
Sterling L. DeRamus
Attorney at Law
205-458-1100
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