Does a company have to pay overtime to part-time employees?
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Does a company have to pay overtime to part-time employees?
I know someone that works 45 hours per week for a nonprofit organization but she has 2 part-time positions which are around 20 and 25 hours per week, respectively. She is classified as a part -time employee even though she works over 40 hours each week and is not offered full-time benefits like other employees with a single full-time position. She is also not paid overtime. Is this legal?
Asked on March 21, 2019 under Employment Labor Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If she works for the same employer, ALL her jobs are considered together for overtime purposes: employers may not avoid paying overtime by splitting work up among different positions. So if he is paid hourly (not an annual salary) and is eligible for overtime, they need to pay her overtime whenever her total hours exceed 40 hours per week.
She may or may not have to get the same benefits as full time employees: employers do not have to provide the same benefits to all employees, so if her two part-time positions involve different work or functions than the employees who get benefits, the employer may be able to make those non-benefit positions.
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