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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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We are a Michigan based employer not required to pay

Customer Question

We are a Michigan based employer not required to pay doubletime. But we pay doubletime for any hours worked on Sunday That time is not used toward regular hours to make up the 40 and over to pay the overtime in monday -Saturday
That's is treated separately. Are we breaking any rules ?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Samuel II replied 4 months ago.

Hello

This is Samuel. I will discuss this and provide you information in this regard. There is no obligation to pay doubletime for work that does not exceed the 40 hour work week - you are correct. And if the work week ends on Saturday and starts on Monday and Sunday work is optional, then you are not breaking any laws.

Expert:  Samuel II replied 4 months ago.

If the work week includes the Monday thru Sunday and it exceeds the 40 hours then it would need to be counted as the regular work week. But either way, if you are paying the doubletime for Sunday even if it exceeds the 40 hours, you're covered.

Customer: replied 4 months ago.
Our work week goes from Monday through Sunday.
So if someone only worked 32 hours mom-fri. But than worked 11 hours on Sunday and we pay it al at doubletime. 32 at reg and 11 at
Doubletime. It gets confusing to me. It seems like we are compensating over but yet not abiding
Expert:  Samuel II replied 4 months ago.

You are not breaking any laws. If someone is working 32 at reg time and then 11 at double time, that is what would be expected anyway. 32 plus the 11 is 43 hours and in reality you would only need to pay the double time on anything over 40 which would be 3 hours at double time.

Expert:  Samuel II replied 4 months ago.

And so if you are paying the full 11 Sunday hours as double time, it appears you are over compensating by 8 hours paid at double time.

Customer: replied 4 months ago.
If we change our company rules and possibly not pay the doubletime on Sunday only if certain stipulations are followed then we would have to count those towards the 40 and pay time and half ?
Expert:  Samuel II replied 4 months ago.

If the hours amount to more than 40 a week, yes.