Used to be hourly, then new position to salary and now this new position is changing to hourly. All good except that from our corporate office in Ohio today they showed that in 5 states OT is eligible on a daily basis, MA being 1 of those 5 states. Our office in peabody had enforced for years that hourly gets OT after 40 , not after 8 on a daily basis. What is correct? After 40 or after 8 daily

The states with daily overtime are Alaska, California, Colorado and Nevada (plus Puerto Rico). Massachusetts to my knowledge does not have daily overtime.

The "40 hour in the work week" rule is federal and as long as the employer is subject to the FLSA law (almost all employers are), then that law is normally active, although there are a bunch of industry specific exceptions.

Used to be hourly, then new position to salary and now this new position is changing to hourly. All good except that from out corporate office in Ohio they showed that in 5 states OT is eligible on a daily basis, MA being 1 of those 5 states. Our office in peabody had enforced for years that hourly gets OT after 40 , not after 8 on a daily basis. What is correct? After 40 or after 8 daily

Massachusetts does not have daily overtime.

The states that do are

Alaska
California
Nevada
Colorado (over 12 hours, as I recall)

If there is a fifth one, I don't recall it and cannot find it at www.dol.gov.

Whatever. Massachusetts is NOT a state requiring daily overtime. The liberal northeast does a lot for employees, but that is not one of the requirements here.

Thanks for the reply. Sent back an email from yahoo. I'll have to ask them about it. Maybe it was a mistake on their part. They showed Michigan being one of the states as well, along with MA. Anyway, will see and thanks.

Actually how about 1 more thing. Sort of Related. We have PTO (paid time off) in place of conventional names like vacation, sick days, personal days. PTO days are straight time pay so not a problem there but if we work Mon. Tues. Thurs. and Friday 9 hour days (36hrs) and took a scheduled PTO day Wed. (8hrs) totaling 44. They pay the 44 hours as straight time. Not 40 straight and then 4 OT. Is that legal?? Companies own choice/decision/right to maybe??

Thanks ScottB and for the link. As stated to the other person who replied. Maybe a mistake on their part for putting it on the power point slide.

Paid time off is not "hours worked" and therefore does not need to be considered when determining whether overtime is due. The employer is paying in accordance with the law.

I am in MA, have had employees in MI, and can confirm that neither of them requires OT after 8 in a day. After 40 in a week only.

No state requires that overtime calculations include hours paid but not worked, such as vacation, sick, holiday, or other personal time. Only hours WORKED need be included.

Paid time off is not "hours worked" and therefore does not need to be considered when determining whether overtime is due. The employer is paying in accordance with the law.

Also if the company is paying 44 hours they are being generous as they do not have to pay for any hours not worked.