Legal Question in Employment Law in Montana

Overtime

In writing, we advise our hrly employees that they can not work OT unless approved in advance in writing by their supervisor. They are scheduled for 8.5 hours, which includes 2 paid 15min breaks and .5hr unpaid lunch break. (tl 8 hr/day). If they clock in early, or do not clock out on time, do we have to pay the overtime??? We strictly advise to work only 8. They continue to clock in prior to their scheduled time and clock out late.

Thank you

--name removed--Sullivan


Asked on 9/12/02, 7:23 pm

1 Answer from Attorneys
Phillip Oliver Oliver Law Firm, P.C.

Re: Overtime

Any time that you work over 40 hours, you are owed overtime, irregardless of not following company policies. If people are not following company policies, then you must rely on your remedy provisions (suspension, termination, ect..)to stop the behavior.

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Answered on 9/16/02, 11:26 am


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