Overtime for orientation meeting
If an employee works 37 hours and attends a meeting for 6 hours, are we required to pay him overtime for the 3 hours (40 regular and 3 overtime). All employees had to attend an orientation for 6 hours on a Saturday after working Monday through Friday, do we pay them regular pay for the meeting or if they went over 40 hours, do we pay overtime?
1 answer | asked Jan 20, 2005 2:46 PM [EST] | applies to Pennsylvania
Answers (1)
You most likely have to pay OT.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, you most likely have to pay time-and-a-half for the three hours, and possibly for the six hours, of overtime.
If your business had over $500,000 in revenues last year, you must pay overtime under the Federal Fair Labor Standards Act. Overtime pay is for all hours over the normal work week; if 37 hours is your normal work week, you may have to pay for all 6 hours on Saturday. Overtime pay must be paid to all non-exempt employees; if the employees at the Saturday meeting are certain types of executives or creative, learned, computer or other professionals, or if they make over $100,000 per year, you may not have to pay them overtime.
The penalties for failure to pay overtime can be steep; double damages, 25% liquidated damages, attorneys' fees, fines and even jail time might be assessed under Federal and Pennsylvania law. If you have questions about the eligibility of your employees for overtime and would prefer not to pay overtime, you should consult an attorney.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Jan 20, 2005 3:01 PM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, you most likely have to pay time-and-a-half for the three hours, and possibly for the six hours, of overtime.
If your business had over $500,000 in revenues last year, you must pay overtime under the Federal Fair Labor Standards Act. Overtime pay is for all hours over the normal work week; if 37 hours is your normal work week, you may have to pay for all 6 hours on Saturday. Overtime pay must be paid to all non-exempt employees; if the employees at the Saturday meeting are certain types of executives or creative, learned, computer or other professionals, or if they make over $100,000 per year, you may not have to pay them overtime.
The penalties for failure to pay overtime can be steep; double damages, 25% liquidated damages, attorneys' fees, fines and even jail time might be assessed under Federal and Pennsylvania law. If you have questions about the eligibility of your employees for overtime and would prefer not to pay overtime, you should consult an attorney.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Jan 20, 2005 3:01 PM [EST]
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