Is It Legal For A Job To Not Pay Overtime?

Is there a limit to how many hours a salaried employee can work?

The federal law doesn’t restrict how many hours you can be required to work in a day, although some state laws do.

Hourly employees and non-exempt salaried employees must be paid overtime if they work more than 40 hours in a week.

A week is defined as a fixed time period of 168 hours, or seven consecutive 24-hour days..

How many days can an employee work in a row?

26.3. 5(a) No employee is to work more than ten days in a row without a rostered day off.

In summary, it is not illegal to refuse making overtime payments but this is dependent on whether or not your employees’ modern award or agreement sets out overtime rates do not apply. Otherwise, you must pay your employees overtime or penalty rates, which you must legally do so.

What can you do if your employer doesn’t pay you overtime?

If the employer has violated the rule and refuses to pay the overtime hours, the employees can file a complaint with the Ministry of Labour. If the employer terminates the employment contract, he will be in breach of the employment contract.

How can I avoid paying overtime legally?

In reality, the way to avoid paying overtime is to work people less than 40 hours a week, manage a balanced staffing plan so that you have enough floaters and part time help to fill the gaps, and closely watch your trends in customer needs and staffing to make sure they match up.

Why do some companies not pay overtime?

Some employers exclude common tasks, like cleaning up or closing down a work area, from hours they pay workers. Some employees are asked to sign agreements, waiving their rights to overtime pay. Such agreements are illegal and have no impact on whether the employee should actually be paid time and half.