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Employer’s Quick Guide to HR Laws

Many HR directors and business owners hear about employment laws and automatically assume they are covered. This may not be the case. A quick review of these laws and their coverage can help even the most seasoned HR professional understand your compliance obligations.

Click here for your free download of this valuable 40-page employer resource.
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Over the last couple of months, we have needed nonexempt employees to work extra overtime, sometimes as much as fifteen hours every week...    |    Free Overtime Policy

Recently, several employees complained about these requirements, and they say we cannot require this much overtime. Are they right?

If you do not have a collective bargaining agreement or other contract with your employees that limits the number of overtime hours employees may work, you may require employees to work as much overtime as you need. The Fair Labor Standards Act (FLSA) and its regulations do not limit the number of hours that nonexempt employees may work in any workweek and do not prohibit employers from requiring them to work overtime. The FLSA only requires that these employees be paid a premium wage of one and one-half times their regular rate of pay for all hours worked over 40 in a single workweek.

                            [Download Free Policies]

As a general rule, states also do not place a limit on the number of hours an employee may work (provided the employee is not a minor) or prohibit an employer from requiring employees to work overtime (although a few, such as Illinois, require one day of rest a week). As under the FLSA, most states simply require employers to pay the appropriate overtime rate for all hours worked over 40 in a single workweek. A few, such as Colorado and Nevada, also require daily overtime to be paid.

[Creating HR Policies or Employee Handbook?]

While it may be lawful to require the overtime, you should take into consideration the hardship that it may be causing your employees. Many employees may have outside obligations that the overtime is affecting, such as child care responsibilities or classes. Other employees may just be tired of working so many hours in a week. To help deal with these issues, some employers try creative approaches, such as allowing workers to volunteer for overtime or rotating the overtime so that the same employees are not having to work extra hours every week. Other employers provide additional benefits (such as paid meals during overtime hours or extra vacation days) or even additional pay to show employees their appreciation. If you expect the mandatory overtime to continue for a long period of time, you also should consider whether it would be just as cost effective to hire additional employees. Although new employees mean additional benefits and payroll expenses, these costs may be less than replacing employees who are burned out from too much overtime.

 

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This article is not intended as legal advice. Readers are encouraged to seek appropriate legal or other professional advice.

 
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