Our company is shifting from a 5 day (8hrs per day) work week to a 4 day (10hrs per day). Our normal pay week runs Friday to the following Thursday. When we make this shift, we will be working Mon-Thurs. The pay week would run Thurs, Fri OFF, Mon-Wed, being paid on Thursday. The only thing I see off here is when the shift takes place. The change is happening end of next week.

The expectation from management is that people will work today, Mon, have July 4th off paid, Wed. and Thurs and be paid for 40hrs. Then they expect that people will work 10hrs on Friday, Mon, Tues and Wed, be paid for 40 (allowing the shift of the pay week to end on Wednesday, and allow for checks to be done for End of Day on Thursday), work Thursday 10 and have Friday off, work Mon-Wed to end the pay week.

The question I have, as convoluted as it appears, is this against the law? To have employees work 50 hours in a given 5 days and not pay them OT, because of the shift in the pay week, is this legal? There is no other reason, other than shortening that one pay week to four days to allow the checks to be done... Does the State of Vermont allow a company to do that for the express purpose of changing the pay week?

Thanks.

Is this a permanent change? If the employer permanently changes the workweek definition, for the transition week, they must calculate overtime based on the old workweek, then based on the new workweek and pay the employee the greater overtime of the two calculations.

Overtime is legally due only is over 40 hours are actually worked in the workweek; paid time off, such as holidays, vacation, sick, etc., need not be included.

Is that a federal statute, or can it vary state to state. The fact is that it could be permanent, but likely will be just until Labor Day. On that note, is there a federal or Vermont statute, dictating what an employer must pay employees for a holiday if you have a 4 x 10hour work week? Is it 8 hours, or 10 hours?

Thanks.

-- Travis

It's federal. There is no federal or Vermont law that addresses how many hours paid holiday must be for a 10-hour or 12-hour per day employee, since the law doesn't required paid holidays for employees of private employers at all.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.301.htm
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.302.htm