Is it mandatory for an employer to pay time and a half for hours worked over 40 in PA?

Question

If employee voluntarily goes on salary to financially help a business, is he obligated to stay on it once the business is back on its feet?
What if employee is on hourly wage and works in excess of 40 hours? Can employer elect NOT to pay overtime or is this illegal in state of PA?

Answer 1

Go to the PA Dept of Labor Website and look up what the law is.
Each states labor laws are different, rather than getting guesses here, get it from the state of PA.

Answer 2

There are exceptions but Federal labor laws say overtime pay for work over 40 hours for hourly pay employees. A company cannot arbitrarily elect to not pay overtime.

If a person goes from wage hour to salaried, unless there is some written agreement or contract to the contrary, I don't see why an employer is obligated to put them back on wage hour.

Answer 3

The overtime pay is not mandated by federal laws. I checked this out when I was in charge of personnel with a small compnay.

You need to check with your state agency to find out what the laws are. Don't be suprised if they are very vague. When I checked I got the answer that " the normal hours of work vary from one occupation to another" I could not get a straight answer.

Salary vs. hourly---- " oligated to remain salaried"
I would think that depends on the agreement you had with the company and also what the company's policy is at this point. Some companies have certain positions that are considered salaried.

Edit: Thanks Willigod for the site... I justt checked it out. Shows how things can change in a few years........

August 9, 2006 DOL Home > ESA > WHD > Fact Sheets > Fact Sheet #23
Fact Sheet #23: Overtime Pay Requirements of the FLSA
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This fact sheet provides general information concerning the application of the overtime pay provisions of the FLSA.

Characteristics
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.

Requirements
Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 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, as such.

Answer 4

Ok, if you voluntarily go on Salary... (Your up the creek with out a paddle)...

Now, if your on Salary and they need you more than 40 hours...(Your STILL up a creek with out a paddle)...

Now, if an employee is Hourly, then the person is, by law, entitled to pay some one overtime for all the hours they work, over 40 hours a week.

UNLESS, they give them "comp time"..(Which is the biggest rip off if I ever saw it, just another way to rip off a worker's wages).

Comp time gives the employee time and a half, and they can take it in lew of sick time, but, its at the discretion of the employer, and if they dont give you the time off, then you lose it, and are screwed again!...

I wish you well..

Jesse

Answer 5

Overtime pay is mandated in all states by the federal government except for certain employees who are considered exempt from this act. To be exempt, their jobs must fit into certain categories, and their weekly pay must be at least $455 per week. Anyone making less than or not fitting into one of the specific categories must be paid overtime whether they are "salaried" or not. Salaried does not mean you can be required (or even allowed) to work as many hours as you are asked to without being paid overtime pay.

Read the websites below for more info.

Answer 6

State Overtime Laws

Pennsylvania
43 Pa. Cons. Stat. Ann. § 333.104(c); 34 Pa. Code § 231.41
Time and a half after x hours per WEEK: 40

The overtime rules summarized are not applicable to all employers or all employees. Occupations that generally are not subject to overtime laws include health care and attendant care, emergency medical personnel, seasonal workers, agricultural labor, camp counselors, nonprofits exempt under FLSA, salespeople working on a commission, transit drivers, baby sitters, and other household workers, and many others. For more information, contact your state's department of labor and be sure to check its website, where most states have posted their overtime rules.

Answer 7

I dont know. But I think its a federal law that if you are an hourly person who works over 40 hours in 1- 7 day work week you are to be paid overtime.

Answer 8

The first part of your question is a federal, not a state issue. Going from salaried back to hourly worker sounds like a private matter for you and your boss, not the government.

Answer 9

I am an employer myself and the only way you do not have to pay time and a half is by having a bi-weekly pay period or longer but in a 40 hr pay period you have to pay it...If you opt'd for salary ,then no, you are not obligated to receive time and a half...sorry thats the way the government works.

Answer 10

If you 'volunteered' to go to salary, you must live with it. Hourly employees must get paid OT after 40 hours IF they have not taken any time off during the pay period, whether it be holiday, vacation, or sick leave.