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Paying employees to work during vacation Massachusetts

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  • Paying employees to work during vacation Massachusetts

    Our agency provides services to individuals w/ disabilities. We are planning on taking a group of individuals on vacation for 5 days to a lake house. We will need staffing, and have asked regular staff to volunteer to work for the 5 days under the stipulation that they will only get paid for 40 hours of work. We as an agency will pay for their rooms, transportation and meals. The employees will most likely be working more than 40 hours since we will need staffing around the clock. Is this legal?

  • #2
    Unless they qualify as "live-in, domestic help" or "companions" and, as such, are exempt from overtime under the FLSA, no, it wouldn't be legal. Is there any medical care involved? When they work over 40 hours a week now, do you pay them overtime?
    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
      They do not qualify as exempt, because they are regular non-exempt employees that are not live-in. We do pay them for OT under regular circumstances. However, to pay them OT during this vacation would be a huge expense.

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      • #4
        I knew they didn't qualify as exempt. I was asking if they were exempt from the overtime provisions of the FLSA, as regards nonexempt employees, because of the particular exception I referenced.

        I would give the federal DOL a call to confirm, but I don't think there's any way you can substitute room and board on a short-term basis for cash wages.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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