Is there a way to avoid paying employees time and a half if they work more than 40 hours a week?

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Is there a way to avoid paying employees time and a half if they work more than 40 hours a week?

I am a behavior analyst, and I employ behavior technicians. Most of them work
part-time, but I have two that want to work more than 40 hours a week. Is there
a way to avoid paying an employee time and a half? They currently make 30 an
hour, and I don’t feel I would be able to afford 45 an hour.

Asked on March 17, 2019 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, unfortunately there is no way to avoid paying these employees overtime if they work more than 40 hours in a week; federal law (e.g. the Fair Labor Standards Act) requires that all non-exempt employees, which includes all hourly employees, must be paid overtime; there are no exceptions.


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