Free Payroll & Human Resources Forum

 

 FAQFAQ   SearchSearch   MemberlistMemberlist   RegisterRegister  ProfileProfile  Log in to check your private messagesLog in to check your private messages  Log inLog in 
Sick days and overtime

 
Post new topic   Reply to topic     Forum Index -> (PP) US specific issues
View previous topic :: View next topic  
Author Message
paypershop
Site Admin


Joined: 16 Feb 2004
Posts: 16

PostPosted: Sat Apr 26, 2008 7:36 am    Post subject: Sick days and overtime Reply with quote

A correspondent in the US has asked for the following question to be posted anonymously:
Quote:
Based on a biweekly payroll processing. Say someone the first week takes an 8-hour sick day which give them 32 regular hours, the next week they work 48 regular hours, which equals 80 hours biweekly and 8 hours sick pay. The second week is the 8 regular extra hours work. Is it overtime even though it's a biweekly payroll or is it straight time because of the 8 hours missed the week before?

The correspondent is based in Texas.
_________________
Greetings from Ian Congreave

PayPerShop provides a free weekly UK, US and Worldwide payroll news service - http://www.paypershop.com/latestnews.html
Back to top
View user's profile Send private message Send e-mail
Click Here for Payroll & HR Jobs
Ian Congreave
PayPerShop Guru


Joined: 14 Mar 2004
Posts: 422
Location: UK

PostPosted: Sat Apr 26, 2008 8:17 am    Post subject: Sick days and overtime Reply with quote

I am not expert in US labor law, but the guidance given by the Department of Labor with regard to the federal Fair Labor Standards Act (FLSA), at http://www.dol.gov/compliance/guide/minwage.htm, is as follows:
Quote:
The Act does not limit either the number of hours in a day or the number of days in a week that an employer may require an employee to work, as long as the employee is at least 16 years old. Similarly, the Act does not limit the number of hours of overtime that may be scheduled. However, the Act requires employers to pay covered employees not less than one and one‑half times their regular rates of pay for all hours worked in excess of 40 in a workweek, unless the employees are otherwise exempt.

This assumes, of course, that the employment is not exempt from the provisions of the FLSA. A workweek is a period of 168 hours and may start on any day of the week. Further information is available at http://www.dol.gov/esa/whd/ and http://www.dol.gov/elaws/faq/esa/flsa/toc.htm.

The FLSA does not set any rules with regard to sickness payments. My reading of this suggests that the extra hours worked in the second week cannot be treated as offsetting the hours missed in the first week, and that the extra 8 hours in the second week should therefore be treated as overtime.

I have also looked at Texas labor law provisions at http://www.twc.state.tx.us/customers/bemp/bempsub5.html, but there does not appear to be anything relevant there.

There may, however, be factors that I am not aware of, and I hope someone with more experience of US labor law will also comment on this question.
_________________
Ian Congreave, PayPerShop owner

PayPerShop provides a free weekly UK, US and Worldwide payroll news service - http://www.paypershop.com/latestnews.html
Back to top
View user's profile Send private message Send e-mail Visit poster's website
Click Here for Payroll & HR Jobs
Display posts from previous:   
Post new topic   Reply to topic     Forum Index -> (PP) US specific issues All times are GMT + 1 Hour
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum









phpBB SEO URLs V2

Powered by phpBB © 2001, 2005 phpBB Group



Sponsored by HRD & Payroll Solutions - Taking the Lead in HR & Payroll Training