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If I have a mutual agreement in place with employees that no…

If I have a...

If I have a mutual agreement in place with employees that no overtime is paid over 8 hours, however they only work 25-35 hours per week - do we need to pay over time if they do a 10 hour day for the 2 hours over 8?

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I'm just seeking advise

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No at will

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Answered in 2 minutes by:
3/15/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,165
Experience: Employment/Labor Law Litigation
Verified

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. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

What state are you in?

Can you explain this agreement you have a bit more?

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Customer reply replied 1 month ago
Nevada
Pay Rates
Under Nevada Revised Statutes NRS 608, emplo/ees are entitled to 1.5 times regular wage of all hours worked over 40 in a week but not for hours worked in excess of 8 in a workday under this mutual agreement. For example; staff who work at least 40hrs over a week will be paid overtime for every hour above 40hrs. You agree that you will not receive 1.5 overtime wage for over 8hrs on any given day unless your total hours exceeds 40hrs for that week.
Customer reply replied 1 month ago
hello?

Yes, give me a second. Writing a response.

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Customer reply replied 1 month ago
ok thanks sorry
Customer reply replied 1 month ago
one other question. how far back an employee claim under payment? i.e. up to 12 months ago, or indefinitely?

Do these employees make 1.5 times the minimum wage or less?

I'll have to review that other question.

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Customer reply replied 1 month ago
no. $9 an hour
Customer reply replied 1 month ago
sorry yes... $9 an hour

Ok. Reviewing the case law a bit, because your mutual agreement isn't exactly in agreement with the statute, but I think it fits the spirit of it, as they are not working more than 40 hours a week.

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Customer reply replied 1 month ago
ok so does that mean we don't need to pay it? irrelevant of working less than 40hours?

No, I said what my feelings were, but I still need to review the law...which can sometimes be counter intuitive.

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Customer reply replied 1 month ago
ok sorry. understand I shall await your response

The case law is pretty strict on this. Any deviated from the 4 shifts of 10 hours negatives that exception to the rule. The idea is that a person can agree to the 4, 10's in order to work fewer days a week. Without that guaranteed 4 shift schedule though, the contemplated benefit by the state doesn't apply.

Therefore, if your employees work more than 8 hours in any one day, they must be paid at the 1.5 premium because they do not fit the very narrowly read 4 shift, 10 hour exception.

Nevada applies a two-year statute of limitations, so they can look back that far from the date of the complaint.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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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, have a great day and please don’t forget to rate my service.

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Customer reply replied 1 month ago
Hi Allen, one further questions
if the company has now closed down are we still liable?

Yes, closing down does not effect liability for when the company was open.

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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, have a great day and please don’t forget to rate my service.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,165
Experience: Employment/Labor Law Litigation
Verified
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Allen M., Esq.
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Satisfied Customers: 20,165
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Experience: Employment/Labor Law Litigation

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