Because of the nature of our business, your job may periodically require overtime work.6 If the Company requires that you work overtime, we will give you as much advance notice as possible. You should not work overtime hours without prior approval by your immediate supervisor or the designated manager.
Employer Notes: Under the federal Fair Labor Standards Act, time spent doing work not requested by the employer, but still allowed, is generally “hours worked” entitling employees to compensation, since the employer knows or has reason to believe that the employees are continuing to work and the employer is benefiting from the work being done. Employers should be especially careful when it comes to allowing non-exempt employees to read and respond to work-related emails after hours through the use of smart phones or similar devices. Remember—it is the employer's responsibility to exercise control and see that work it does not want performed is not done. Merely making a rule against “off the clock” work is not enough. The employer has the power to enforce the rule and must make every effort to do so.
Although you may voluntarily pay overtime compensation to exempt employees, you are not required to do so under federal law. Non-exempt employees are entitled to overtime pay. Check your state laws as well, as they may impact both overtime compensation and minimum wages. As noted previously, we recommend separate handbooks for exempt and non-exempt employees to eliminate the need to call to employees’ attentions the variables in benefits and policies applicable to different groups of employees.
If your company operates on a 24-hour a day, 7-day a week schedule, you may have separate compensation and overtime practices consistent with applicable law. In some instances, e.g., healthcare, an employer may pay overtime for time worked in excess of 80 hours in two weeks rather than 40 hours in one week, subject to employee consent.
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