HR MATTERS E-TIPS
THIS WEEK’S E-TIP: FLSA, Mandatory Overtime, and Alternatives
 Published by Personnel Policy Service, Inc.
"Your Policy and Compliance Experts Since 1972"
 
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
THIS WEEK’S E-TIP: FLSA, Mandatory Overtime, and Alternatives

It’s generally legal to require employees to work overtime. However, to
prevent employee burnout, you may want to consider other alternatives
as well.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
 
THIS WEEK’S E-TIP: FLSA, Mandatory Overtime, and Alternatives

Last week’s E-Tips on the Americans with Disabilities Act (ADA) and
overtime generated questions about whether you can require overtime
under the federal Fair Labor Standards Act (FLSA). (If you missed that
E-Tips, please click here.) As a general rule, the answer is yes.

But, another question also arises about whether mandatory overtime is a
good idea as a workplace policy. Some employees find working extra
hours attractive since the FLSA and most state laws require overtime
pay at the rate of one and one-half times the regular rate for all hours
worked over 40 in a single workweek. For other employees, however,
mandatory overtime can be a heavy burden and should, therefore, be
weighed against other alternatives. Below, you will find out what legal
limits there are on mandatory overtime as well as four alternatives to
requiring overtime.

* Legalities of Requiring Overtime *

Generally, you can require employees to work as much overtime as
needed, assuming there is no collective bargaining agreement or other
contract restricting the extra hours. (Download free Hours of Work
model policy.) The FLSA does not limit the number of hours that
nonexempt employees can work in any week and does not prohibit
requiring overtime. It only regulates how that time must be paid.

Most states also do not limit the number of hours an employee can work
(provided the employee is not a minor) or prohibit an employer from
requiring employees to work overtime. The majority simply require, as
under the FLSA, that employers pay the appropriate overtime rate for all
hours worked over 40 in a single workweek.

Note that some exemptions to this general rule apply. For example, a
few states, such as Illinois, require one day of rest a week, and Maine
limits the number of overtime hours an employee can work. Other
states, including New Jersey and West Virginia, restrict overtime hours
only for health care employees, such as nurses. And a few, such as
California, have an additional requirement of daily overtime.

You should note, too, that in rare instances, you may have to excuse an
employee from mandatory overtime as a religious accommodation or as
an accommodation under the Americans with Disabilities Act (see last
week’s E-Tips). Similarly, you may be required by the Family
and Medical Leave Act to relieve an employee on intermittent, or
reduced schedule, leave of overtime obligations temporarily.
 
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
 
* Four Alternatives to Overtime *

Of course, you also should keep in mind that mandatory overtime can be
disruptive and even cause hardships. Many employees have outside
obligations that overtime requirements affect, such as childcare
responsibilities and second jobs. In addition, employees can be just
plain tired of working too many hours in a week. (Download free Hours
of Work model policy.)

To help deal with these issues, you may want to consider other solutions
to a mandatory system. For example, you can:
  1. Solicit volunteers for overtime.
  2. Rotate the overtime so that the same employees do not have to
    work extra hours every week.
  3. Transfer employees temporarily to the understaffed area.
  4. Bring in part-time or temporary employees.

If you expect the overtime to continue for a long period, you may even
find it cost effective to hire additional employees. The extra expense for
recruiting and training, payroll, and benefits for the new employees may
be less than paying overtime and incurring the related costs of burnout
and possible higher turnover.

* Give Plenty of Notice *

As a final point, if you do have to institute a mandatory overtime
requirement, make sure to explain the policy to your employees. In
particular, update handbooks and job descriptions to cover the
possibility. In addition, give affected employees as much advance notice
as possible prior to the scheduled overtime. This way, even if they do
not want the extra time, at least they will be able to plan for it.
 
^^^^^^^^^^^^^^^^^ From Your HR Matters E-Tips Editors ^^^^^^^^^^^^^^^^^^^^^^^
   

Special Savings for HR Matters E-Tips Readers
PERSONNEL POLICY MANUAL SERVICE
 (Available in both Print and Online)

Are your HR Policies written correctly for today's legal environment? Are they up to date? Or will small mistakes mushroom into big lawsuits?

... Relax. Discover the solution that for over 36 years
many call their “HR Policy Bible.”

Use the Service Risk-Free for 30 days!
Plus
Receive Our Free Executive Briefing:
“Don't Let Your HR Decisions Put Your Personal Assets At Risk”

  • Don't risk your job on poorly written or out-of-date policies that land you or your organization in legal hot water.
  • Find out how easy it is to have expertly written policies that protect your organization (and you) when our experts do all the legal research and in-tight writing for you.
  • Impress your colleagues with your knowledge and grasp of HR best practices.
  • Put our solutions and support right at your fingertips to answer your toughest policy and compliance questions.
  • Rely on the people who have published the "HR Policy Bible" since 1972.

Still not sure? Then, try the Personnel Policy Manual service risk-free for 30 days and see for yourself.

       

                             Learn more
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
 
Subscribers to the Personnel Policy Manual (print/online) and HR Policy Answers on
CD can find information on overtime requirements in Hours of
Work, Chapter 207, note 18.

Not a subscriber? If you would like to order one of our policy chapters,
go to: http://www.hrpolicyanswers.com.

If you have any questions, please call us at 1-800-437-3735. We'll be happy to help you.
 
^^^^^^^^^^^^^^^^^^^^^^^^ HR Policy & Compliance Resources ^^^^^^^^^^^^^^^^
 

Download individual HR Policies for immediate use in your
organization. Get complete policy development kits: Model Policy
language, Management Rationale background information, and
References for Legal Counsel documentation. Get useful HR Resources.

YOU CAN TRUST PPS
Information provided in HR Matters E-Tips is researched and reviewed
by the HR experts at Personnel Policy Service as well as employment
law attorneys. However, it is not intended as legal advice. Readers are
encouraged to seek appropriate legal or other professional advice.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Interested in using an article from HR Matters E-Tips on your Web site or
in a newsletter?

Please contact Robin Thomas, Managing Editor of Personnel Policy
Service, Inc., to request permission. You can contact her by email at
editor@ppspublishers.com or by telephone at 1-800-437-3735.

Please note that the information in every issue of HR Matters E-Tips is
the original, copyrighted work of Personnel Policy Service, Inc., and is
protected under U.S. copyright laws. As such, you may not reprint or
publish in any format any article or portion of article from HR Matters E-
Tips without the express permission of Personnel Policy Service, Inc.

Remember, too, we encourage you to pass along any issue of the E-Tips
by forwarding it to friends and colleagues.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

A note to advertisers:
 
Do you want to reach the human resources market?
 
Your message can be seen by over 65,000 HR professionals when you
sponsor an issue of HR Matters E-Tips.
Contact Elise Whitman at ezine@ppspublishers.com
or call toll-free 1-800-437-3735.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
 
HR Matters E-Tips is a f-r-e-e service of Personnel Policy Service, Inc.
To subscribe, go to: http://www.ppspublishers.com/ezsignup.htm

Personnel Policy Service, Inc. All Rights Reserved.
HR Matters is a registered trademark of:
Personnel Policy Service, Inc.
159 St. Matthews Ave., Suite 5, Louisville, KY 40207
Tel: 1-800-437-3735 - Fax: 1-800-755-7011
www.ppspublishers.com - www.instanthrpolicies.com - www.hrpolicyanswers.com - www.personnelpolicyservice.com/hrforum

CONTACT US: ezine@ppspublishers.com

FORWARD THIS ISSUE: We invite you to forward HR Matters E-Tips to
a colleague or friend.