In any organization, there exists a schedule of working for the employees whether salaried or non-exempt. In instances where employees discharge their duties and responsibilities under specified hours of normal working, over time postulates any time that employees work beyond the said hours. Therefore, an employment contract specifies the average fixed working hours for the employees. Besides that, it is crucial to note that employee’s handbook contains most of the information regarding their conduct and other significant information such as overtime and breaks(Mazaheri& Thomas, 2015). Details of overtime pay anchor well with staff’ motivation considering the contract of employment stipulates the pay rates that cover for the overtime.
Nonetheless, in some cases employers fail to pay their workers for the overtime primarily because their average pay does not fall lower than the National Minimum Wage in the total hours they work. In light of that, some organizations have mandatory overtime for their employees more especially for the non-exempt workers who receive payments depending on the number of hours worked. Therefore, the said employees use many tactics in explaining to their employers the situation. Besides that, there are legal reasons that permit employees to refuse or skip overtime-working hours such as life events surrounding family emergencies(Lingren, Stevens & Knight, 2014).
The law outlines provisions that allow workers to skip working overtime, more especially in the Family Leave Act(Lingren, Stevens & Knight, 2014). Accordingly, employees are responsible for the overtime if the law does not protect them. Therefore, both the employer and employee should formulate a plan that addresses the overtime stalemate. The legal provisions for non-exempt employees fall both in the state and in the federal hour and wage laws(Mazaheri&Thomas, 2015). The law limits the number of hours worked in a day over a regular pay, which amounts to forty hours in a week on a fixed pay.
Lingren, H. G., Stevens, G., & Knight, R. (2014). CC421 Effect of Workplace Demands on
Individual/Family Spheres among Small, Rural Business Employees.
Mazaheri, B. R., & Thomas, C. J. (2015). Collective Notice of Individual Rights Under the Fair
Labor Standards Act: Court Enforcement of Pre-Arbitration Safeguards in Section 16 (b) Actions. ABA Journal of Labor & Employment Law, 30(3), 325.