Are you entitled to sick pay if you work full time?

If you are a salaried employee and you work over your salaried hours are you legally entitled to overtime pay or compensation time?

  • Answer:

    The answer to your question is going to depend on whether you're an exempt employee or not, and what state you're in. Exempt employees are exempt from being paid overtime, non-exempt employees are not. However, each state has its own laws regarding overtime, missed time, and "comp" time for both exempt and non-exempt employees. For instance, in my state, an exempt employee is not paid overtime, but there are also regulations about how to handle pay for missed time. Meanwhile, the state I'm in also mandates overtime pay for all hours over 40 per work week for all non-exempt employees, salaried or not, and specifically forbids "comp" time. You'll need to consult with the state agency that handles hour and wage disputes. Have your employee handbook available when you do, as your company's policies may also impact the answer.

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Other answers

I don't think there is any current legislation that forces the employer to pay you for the hours you donate. Most will allow you time off at another time as payback and some employers will just take the time from you and demand more. Every situation is different.

Joe-Speedy

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