Legal Question in Employment Law in Utah

Hi my husband works in a dairy farm. And I was wandering if its true that his boss doesn't have to pay him overtime if he doesn't want to. He's been working there for a long time now. My husband gets paid $9.60/h for 13 or more hours a day. Is this true? Is his boss really able to do this or not? If yes why? THANK YOU VERY MUCH FOR YOUR TIME.


Asked on 3/18/12, 11:48 pm

1 Answer from Attorneys

Utah's overtime regulations are from the Federal labor law. Here is a quote from the federal site regarding overtime pay. If it is not paid in accordance with the law a complaint can be filed with the Utah Labor commission:

Overtime Pay

Overview

The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.

The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours � seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

As you can see, more than 8 hours per day does not merit overtime pay; more than 40 hours per week does require overtime pay. I am not aware of any exceptions for dairy farms. If you call the Utah labor commission they can let you know but I'm sure there is no exception. You have the basics, now let the boss justify his view.

Good luck.

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Answered on 3/19/12, 2:21 pm


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