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FLSA - Overtime Maryland

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  • FLSA - Overtime Maryland

    Is there a limit to how much overtime a person can work? We have an employee who is always on-call, therefore he gets called out. He always takes everyones on-call duty because he likes the OT, just want to make sure he is not "over working" himself.

  • #2
    There are only two states that limit the amount of overtime an employee can be permitted and/or required to work; neither of them is Maryland.

    That being said, as the employer you have the right to limit the amount of overtime he works.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Yes, this is one of our concerns, is he taking too much overtime, such that he is not alert enough that he could in fact be a hazard to himself or others. Just out of curiosity what two states limit the amount of overtime?

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      • #4
        Maine and California.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Some how I knew California was one of them!! Thanks so much.

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          • #6
            One idea is to require an unpaid break (more than 20 minutes) for every x hours worked in OT. Sometimes that will dissuade the person a bit. Or have a company policy that any one employee can only work x shifts on on-call during a specific time period.

            Another is to talk with your workers compensation insurance carrier to see what is good business practice for the business you are in. Also consider if this employee gets hurt and what you would have to pay in lost wages --- does your wc policy including paying for OT lost wages (true average past hours worked)? It's been years since we've had to pay any lost wages, so honestly I can't remember specifically and it might be state law dependent also.

            I agree that too much OT can lead to burnout, inactivity, slowness, inattentiveness, lack of safety, etc.

            Also if this employee quits or for some other reason becomes unavailable, you have a whole group of other on-call employees who haven't been doing their on-call hours who are now required to do so....they may not be happy that the situation is changing.

            One last thing...if there is no supervision, it would be really easy for the employee to stay longer, move slower, etc just to get the extra higher dollar rate. So to me, it requires MORE supervision rather than less.

            (I do have one location where this happens. I've tried to let the manager and her supervisor know the negatives, but for now it works too well for her to care. My spidey sense/red flag is flying but I can't overrule them....so I do understand your concerns)

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