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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18813
Experience:  Employment/Labor Law Litigation
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Can an employer pay automatic overtime on Saturdays only to

Customer Question

Can an employer pay automatic overtime on Saturdays only to employees that work at a certain location? does this break any overtime laws, federal or state?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 6 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

An employer is only legally obligated to pay overtime when an employee is not salaried exempt and they work more than 40 hours in a week. Overtime (or really, premium pay) based on working off shifts like weekends or holidays is entirely voluntary.

An employer is not legally obligated to treat everyone the same in this regard, provided that the difference in treatment is not based on race, religion, gender, age, disability or recent medical leave use.

Paying premium pay for a specific shift only in a specific work location doesn't violate any of these principles, because there isn't a law against location discrimination.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 6 months ago.
even if it is coded as overtime when paid, that is ok? and in some cases the employees are not working over 40 hours to get the time and half on Saturday.
Expert:  Allen M., Esq. replied 6 months ago.

There is no rule that says an employer can't pay "overtime" any time they want. The law on overtime doesn't restrict in that way.

It just dictates when an employer MUST pay overtime, not when they can personally choose to in other situations that wouldn't necessarily qualify for overtime.

Customer: replied 6 months ago.
ok thank you very much
Expert:  Allen M., Esq. replied 6 months ago.

No problem. Take care.

Expert:  Allen M., Esq. replied 6 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.