A partial overtime exemption may be used by employers at hospitals and residential care facilities.  Under the rule, overtime may be calculated on a bi-weekly basis, or at 80 hours every two weeks, rather than on an individual work-week basis, or 40 hours each week.  However, a mutual agreement must be reached beforehand for this type of payment to be permitted under federal law.

When determining an employee’s overtime pay, all work time must be counted, including work not specifically requested but “suffered or permitted” by the employer.

Questions? Contact an overtime lawyer at Werman Law Office, P.C.