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Overtime for part-time county employee Alabama

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  • Overtime for part-time county employee Alabama

    My husband works part-time for a county agency (not law enforcement). Today he was told that because he is part-time he will be paid straight time (regular pay) over 40 hours.

    I tried to search the Code of Alabama but I can't find any mention of where county part-time employees don't get 1.5.

    Can anyone help me find this?

  • #2
    I don't know of any exception. Can the county provide the law that says they CAN do this?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Just for clarification:

      We have, in the past, had a number of posts from part time employees who believe they should receive time and a half when they work over the number of hours that they are initially scheduled for; i.e.; they are scheduled for 20 hours, they work 25 and they think they are entitled to five hours at time and a half.

      This is not the case. The law is very specific that overtime is not due until an employee has WORKED over 40 hours in a week (four states, not including Alabama, require overtime to be calculated on a daily basis).

      This is Federal law, so I can't imagine that any state or county ordinance could override it.

      However, while I realize that this was not your understanding, I think it possible that there may be some misunderstanding somewhere in the course of things and what they are saying is that he will be paid straight time UNTIL he exceeds 40 hours.

      He might want to investigate that possibility. If that is the case, it is quite legal.
      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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      • #4
        That's what I thought. I double checked and he is working 44 hours on the last pay period (week). I understood that as 40 hours of regular pay and 4 hours of 1.5.

        Thanks for your help. I'll let you know what we find out.

        Comment

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