Is it legal for a non-profit organization not to compensate its employees work hours on the weekend?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal for a non-profit organization not to compensate its employees work hours on the weekend?

I work for a non-profit organization in CA. It has events on the weekend periodically. The organization mandates all employees to participate in those event. However, it doesn’t pay its employees overtime. For some events, it compensates their work hours during the weekdays but others it won’t. Is that legal to do?

Asked on April 25, 2019 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Salaried employees are not entitled for additional pay over and above their salary. However, if they are paid are hourly they must be paid for time worked, including weekend work. Further if such work puts them over 40 hours in their work week, then it must be paid as overtime. There are no exceptions for non-profits.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the employees are salaried (paid an annual salary in weekly or biweekly installments, with the amount not based on the hours worked), then the employer doesn't have to pay for weekend work: the salary is the total pay for all work done, no matter when.
If the employees are hourly, however, they must be paid for weekend work, including overtime as applicable. Hourly employees must be paid for all work, means for anything (including events) which their employer requires them to do (if the employer makes you do it, it is "work"). There is no exception for non-profits: they have to pay when their hourly employees work the same that a for-profit company does.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption