is overtime mandatory?

[M&M84]

What is the name of your state (only U.S. law)? Wyoming. I was wondering if overtime is mandated for a labor job? My husband is a roofer and has been for about a year now, he has been working 60+ hours a week in the summer and he and I were wondering if overtime is law. If it is, how does he go about seeking it, if his boss doesn't pay even though it is the law?

 

[justalayman]

do you mean can the employer require an employee to work overtime or does the employer have to pay the employee overtime rate (1 1/2 times regular rate) for overtime?

You post is a bit confusing.

 

[pattytx]

And if you're talking about overtime PAY, it's federal law. Overtime for nonexempt employees working for companies subject to the FLSA (which nearly every employer is) is due after working 40 hours in the workweek.

Has he asked why he is not getting overtime pay? What does the company say is the reason?

 

[cbg]

If an employer requires that you work overtime, it is mandatory. There is no law requiring that an employer provide overtime work.

Does that answer the question?

 

[M&M84]

Sorry, thank you for your responses, and please allow me to clarify. My husband was told that his boss doesn't offer overtime pay. However I have heard that in a labor related job, it is mandatory. His boss says that its just not an option to his employees. From what I understand he has been doing this for nearly 20 years. What can my husband do about this and whom does he need to speak with? Again, thank you very much

 

[cbg]

It is still unclear.

Are you asking if the employer is required to make overtime available and allow employees to work it? If so, you have been told incorrectly. There is no such law. No employer, in any state, is required to provide overtime hours and overtime work unless there is a bona fide contract or CBA that specifically says otherwise. It is quite legal, in all 50 states, for an employer to manage the employees' time so that they never work over 40 hours and never work overtime. There is NO requirement in labor related jobs or any other jobs that overtime be made available. Ever.

Or, are you asking whether or not it is mandatory that an employee be paid time and a half if they do work overtime? If that is what you are asking, yes, a non-exempt employee must be paid overtime IF they work it.

 

[cyjeff]

It is legal to restrict a worker to only 40 hours a week to prevent overtime.

It is legal to require a worker to work more than 40 hours a week as long as overtime is paid.

Not everyone has to be paid overtime. Only if you are a non-exempt worker.

 

[M&M84]

Ok, I tried to clarify. I need to know if my husbands boss HAS to pay him time and a half for the hours , over 40, that he works.And what constitutes as a non exempt job?

 

[cbg]

Thank you. NOW we understand.

Yes, if your husband works over 40 hours in a week, it is mandatory that he be paid time and a half for it.

 

[M&M84]

who do I need to have him speak with? Is there a place I can have him call to find out what he should do?

 

[justalayman]

From Wyomings Department of Employment website.

Claims for Wages Under Federal Statutes or Questions Regarding the Family Medical Leave Act
The U.S.Department of Labor requires payment of minimum wage and overtime for certain employers and employees. The Family Medical Leave Act provides for up to twelve weeks of unpaid leave for certain employees of certain employers. Questions should be directed to:

U.S.Department of Labor
Wage and Hour Division
100 East B Street.
P.O. Box 895
Casper, WY 82602
(307) 261-6242
(307)261-6243 -- Fax


U.S. Department of Labor
Wage and Hour Division
10 East South Temple, Rm. 1680
Salt Lake City, UT 84133
(801) 524-5706

 

[M&M84]

Thank you very much! I will have him call first thing tomorrow morning. Much appreciated!

 

[M&M84]

Do you by chance know if the wage and hour division will look back and make the owner of the company pay all the over time that is owed, to all of the employees?

 

[justalayman]

they can and in many states they would.

Some states limit the time period they will look back.

 

[pattytx]

Of course, they aren't going to go back 20 years.