Is there a way to avoid paying employees time and a half if they work more than 40 hours a week?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there a way to avoid paying employees time and a half if they work more than 40 hours a week?

I am a behavior analyst, and I employ behavior technicians. Most of them work
part-time, but I have two that want to work more than 40 hours a week. Is there
a way to avoid paying an employee time and a half? They currently make 30 an
hour, and I don’t feel I would be able to afford 45 an hour.

Asked on March 17, 2019 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, unfortunately there is no way to avoid paying these employees overtime if they work more than 40 hours in a week; federal law (e.g. the Fair Labor Standards Act) requires that all non-exempt employees, which includes all hourly employees, must be paid overtime; there are no exceptions.


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