Should a part time worker who puts in overtime, get paid those hours at a higher rate?

Question

My daughter (a teenager) works at a small restaurant chain and she is asked frequently to work over the 20 hrs. weekly that she is suppose to work. Last week she worked 28 hrs. Should those 8 hrs. been consider overtime and therefore paid differently than her hourly salary?

If so, can you state the legal basis to make her claim valid.
Thaks a lot.

Consider that part-timers are not entitled to the other benefits that full- time workers have.

Answer 1

I agree with the other answers in that your daughter is not eligible for over time. The 8 hour a day- 40 hour a week rule is pretty standard. What you might want to look into is the number of hours your daughter is legally allowed to work. Below is a link to New York States Child Labor Law regarding hours minors can work. During the school year it is 20 hours or less, depending on the age of the minor. You should check your state's laws governing this, as it may turn out your daughter's employer is in violation. You still won't get her more money for working over 20 hours, but it is worth considering whether or not to keep her there if it becomes common to work more than 20 hours.

Answer 2

Hi,

It would depend on the contract which she is working on but normally the answer is that these hours should be paid at normal rate and I will explain why!

If your daughter got paid more for the extra hours that she does over her contracted hours she would be being treated better than any full time employees and that would be unfair to them.

Normally there is a cut off point which is the same for all employees part time or full time for example 40 hours (if normal working work is 37.5) and anyone who works more than 40 hours will get a premium rate.

The extra hours will be termed as "overtime" but will be paid at her normal rate. It makes it fair for everyone otherwise full time employees would be able to claim they are being treated less favourably on the basis that they are full time!

The only other thing I would add which might be helpful is that if she is frequently being asked to do this it might be worth her looking into changing her hours permently as a lot of benefits such as holiday, sickness etc.. are based on your contracted hours only and overtime worked will not be taken into account.

Hope that helps.

Answer 3

For most jobs overtime is only paid for over 8 hours a day and 40 hours a week. Why should your daughter be paid more per hour than a full time worker for working less hours? It would technically be possible for her to earn more for working less than 40 hours than someone working 40 hours.

Answer 4

The overtime pay requirement applies only to companies affected by the Fair Labor Standards Act. Generally, this applies to companies involved in interstate commerce and having greater than $500,000 in annual sales. The overtime requirement does not apply to work performed on Saturdays, Sundays, holidays, or regular days of rest. Overtime pay is paid for work over 40 hours within a single work week. The length of an individual work day is irrelevant.

Answer 5

No, she would not get paid a higher rate over 20 hours. That would be UNFAIR to people who work over forty hours a week. Overtime is paid after forty hours, whether you are part-time or full-time. She is straight pay until forty hours, anything over forty is time and a half, if you are an hourly waged employee. If you are a salaried employee, you don't qualify for over-time rates.

Answer 6

anything over 8 hous a day or 40 hours a week is overtime.
As to part time workers the law is the same.

Answer 7

Impossible to answer. Where is your daughter employed? (not the business the location) Every jurisdiction has different labour laws and she may be entitled and she may not - contact your local labour board for the correct disposition of facts.

Answer 8

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