Is it legal for a non-profit organization not to compensate its employees work hours on the weekend?
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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 4 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 5 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.
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