How can a company pay its employees half-time pay when they work over 40 hours?

A company in South Florida, Oasis Outsourcing, is used by a lot of companies to handle their employees and their benefits. This company supposedly has an exception to where they can legally get away with paying their outsourced employees half of their hourly pay when they've worked over 40 hours. How can they do this legally? What exceptions are there to this rule which allows them to get away with this?

coop44140

I am paid the same way. I am non-exempt admin in personnel. I get a salary every month. Any time I work over 40 hours I get half time overtime. It is legal.

minou

You must be talking about time and a half pay. It means that if you make 10$ an hour, after 40 hours you will start being paid 15$ an hour(starting at the 41st hour of course).

KP7689

There is a salaried non-exempt status. In this case, employees can be paid half time for hours over 40 per week.

To meet the criteria, the non-exempt employees must always be paid for at least 40 hours a week - even if they did not actually work all 40 hours. So pay cannot be docked for a long lunch, brief doctors appt, etc. Employees must be paid for 40 hours every week. Then overtime hours can be paid half time.

Some common questions and answers can be found here: http://www.workforce.com/phpBB/viewtopic.php?topic=28412&forum=54&8

If you have any concerns, you should absolutely contact the DOL. But this is the loophole, and it is legal. I have worked for two companies which pay half time overtime for those meeting the status, one of which had an FLSA audit with no issue.

Shane

First of all Oasis Outsourcing is licensed in all 50 states and they must follow that specific states laws or as in the case of Florida where they have no state laws they must follow Federal law. In NO STATE can they legally do this regardless if the employee is a telecommuter aka outsourced employee. Immediately contact The Department of labor at 1-866-4US-WAGE (1-866-487-9243.)

Cissy M

They may be salaried employees. If they are, they aren't even obligated to pay them anything for hours over 40 hours.

Judy

By federal law, a covered non-exempt employee, whether salaried or hourly, must be paid time and a half for hours over 40. There are a few situations where an employee wouldn't be covered by FLSA, but most non-exempt employees are covered even if they are salaried. Refer to http://www.dol.gov/elaws/faq/esa/flsa/011.htm

kajol

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