Frequently Asked Questions - Overtime


Does a non-exempt employee get paid premium overtime for working on Saturday in the following example? A non-exempt employee who normally works 40 hours a week (M – F) takes off 5 sick leave hours in a week, then works on Saturday for 8 hours.

The employee must work more than 40 hours of actual work in a work week to receive premium overtime. This employee should receive 5 hours of overtime straight (OTS) and 3 hours of premium overtime (OTP) for the Saturday work.

Can part-time non-exempt employees work overtime and bank it?

Yes, but overtime is based on time on pay status in excess of 40 hours in a work week. If a part-time employee works more than their usual hours in a week, but less than 40 hours, it would not constitute overtime. It would simply be additional regular time to be paid. A part-time non-exempt employee can, however, earn more vacation, holiday and sick leave if they work over the hours of their standard work week.