Q & A

From Oklahoma Question: If a firefighter agrees to voluntarily work overtime, can he/she pay someone else cash to cover their overtime shift and collect overtime from the City when they actually didn’t work it? Answer: There’s little case law out there to provide guidance. Our guess is that if the employees engage in such a transaction without the employer’s knowledge, they would likely be subject to disciplinary charges and…

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What Is A ‘9/80’ Pay Plan?

by John E. Thompson Non-sworn employees are typically not covered by the Section 207(k) exemption under the Fair Labor Standards Act (FLSA) and must be paid overtime in the form of cash or compensatory time off if they work more than 40 hours in an FLSA “workweek.” Under the 9/80 plan, the employer would set the FLSA “workweek” and schedule for non-exempt employees so that the employees work: Nine…

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