Hi,

I hope someone can answer my question. I need to know which states have mandatory ot pay for Sunday. I was told there were quite a few that made it mandatory to pay employees ot for working on Sunday.

Any help is appreciated!

The ONLY one that comes to mind is Massachusetts and that, as I recall, is limited to retail employees.

It is more common for overtime to be required when an employee works seven days in a work week, but I don't think that number would count as "many."

Rhode Island MIGHT be another one, but if so, it is also limited to retail.

There is NO state where it is an across the board law applicable to all employees.

Thanks for the info, can anyone tell me if any state require over time to be worked on Sunday?

Okay, let's try again.

There is no state, repeat, no state, where all employees are entitled to overtime for working on Sunday.

In Massachusetts and possibly Rhode Island, retail employees ONLY are entitled to overtime for working on Sunday.

Whoever is telling you that "many states" require it, is wrong.

I do not know how to make the answer any more clear.

I am reading your second question differently than cbg.

There are no laws that require employees to work OT (more than 8 daily hours/40weekly hours)on Sunday or any other day. There are also no laws, that I am aware of, that forbid OT (more than 8 daily hours/40weekly hours) on Sundays.

And there are no laws that prohibit mandatory overtime on Sundays, either, except for those same retail employees in Massachusetts (and possibly Rhode Island).

Thanks for the info, can anyone tell me if any state require over time to be worked on Sunday?

I thought the question of employers being required to pay for overtime for work on Sunday (even if the employee had not worked more than 40 hours in the work week) had been answered.

Massachusetts for retail only.

Interesting about Rhode Island (my first time looking at them).

http://www.dlt.ri.gov/ls/faqs.htm#How%20is%20overtime%20to%20be%20paid?%20% 20What%20are%20the%20exceptions?

It appears most hourly workers get OT for working on Sunday, not just retail, as in the case of Massachusetts.

Note also, the provision in the link about holiday pay. An employee working on a state recognized holiday (there are nine) gets time and a half, even if working only 40 hours a week. FWIW, we have the same practice, only we have only eight holidays plus two (Christmas Eve and New Year's Eve from 3 PM to midnight).

Rhode Island:
§ 28-12-4.1 Overtime pay. – (a) Except as otherwise provided in this chapter, no employer shall employ any employee for a workweek longer than forty (40) hours unless the employee is compensated at a rate of one and one-half (1 1/2) times the regular rate at which he or she is employed for all hours worked in excess of forty (40) hours per week.
(b) In any workweek in which an employee of a **retail business** is employed on a Sunday and/or a holiday at a rate of one and one-half (1 1/2) times the regular rate at which he or she is employed as provided in § 5-23-2, the hours worked on the Sunday and/or holiday shall be excluded from the calculation of overtime pay as required by this section.

§ 5-23-2 Licenses for holiday business. – A retail establishment may be open on any day of the year except as specifically prohibited. A retail establishment shall not be open on a holiday unless licensed by the appropriate town council.

§ 28-12-4.3 Exemptions. – (a) The provisions of §§ 28-12-4.1do not apply to the following employees:

(1) Any employee of a summer camp when it is open no more than six (6) months of the year.

(2) Police officers, firefighters, and rescue service personnel employed by the cities and towns.

(3) Employees of the state or political subdivision of the state who may elect through a collective bargaining agreement, memorandum of understanding, or any other agreement between the employer and representatives of the employees, or if the employees are not represented by an exclusive bargaining agent, through an agreement or understanding arrived at between the employer and the employee prior to the performance of work, to receive compensatory time off for hours worked in excess of forty (40) in a week. The compensatory hours shall at least equal one and one half (1 1/2) times the hours worked over forty (40) in a week. If compensation is paid to an employee for accrued compensatory time, the compensation shall be paid at the regular rate earned by the employee at the time of payment. At the time of termination, unused accrued compensatory time shall be paid at a rate not less than:

(i) The average regular rate received by the employee during the last three (3) years of the employee's employment, or

(ii) The final regular rate received by the employee, whichever is higher.

(4) Any employee employed in a bona fide executive, administrative, or professional capacity, as defined by the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., compensated for services on a salary basis of not less than two hundred dollars ($200) per week.

(5) Any employee as defined in subparagraph (a)(4) of this section unless the wages of the employee, if computed on an hourly basis, would violate the applicable minimum wage law.

(6) Any salaried employee of a nonprofit national voluntary health agency who elects to receive compensatory time off for hours worked in excess of forty (40) hours per week.

(7) Any employee, including drivers, driver's helpers, mechanics, and loaders of any motor carrier, including private carriers, with respect to whom the U.S. secretary of transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of 49 U.S.C. § 3102.

(8) Any employee who is a salesperson, parts person, or mechanic primarily engaged in the sale and/or servicing of automobiles, trucks or farm implements, and is employed by a non-manufacturing employer primarily engaged in the business of selling vehicles or farm implements to ultimate purchasers, to the extent that the employers are exempt under the federal Wage-Hour and Equal Pay Act, 29 U.S.C. § 201 et seq. and 29 U.S.C. § 213(b)(10); provided, that the employee's weekly, bi-weekly, or monthly actual earnings exceed an amount equal to the employee's basic contractual hourly rate of pay times the number of hours actually worked plus the employee's basic contractual hourly rate of pay times one-half ( 1/2) the number of hours actually worked in excess of forty (40) hours per week.

(9) Any employee employed in agriculture; however, this exemption applies to all agricultural enterprises that produce greenhouse crops, fruit and vegetable crops, herbaceous crops, sod crops, viticulture, viniculture, floriculture, feed for livestock, forestry, dairy farming, aquaculture, the raising of livestock, furbearing animals, poultry and eggs, bees and honey, mushrooms, and nursery stock. This exemption also applies to nursery workers.

(b) Nothing in this section exempts any employee who under applicable federal law is entitled to overtime pay or benefits related to overtime pay.