Overtime, FMLA, and bonuses: What Southeast employers should know

Q          Must a nonexempt employee who is scheduled to work 14 hours in a two-week pay period be paid overtime if the employee works more than the 14 hours?

Under the Fair Labor Standards Act (FLSA), employees are only entitled to overtime if they work more than 40 hours in a single workweek. So, the employee wouldn’t be entitled to overtime under federal law if the employee works beyond 14 hours in a two-week period. 

In Mississippi, overtime for working more than 14 hours in a two-week period would only be due if paying overtime beyond 14 hours in a two-week period had been agreed to pursuant to a contract. Any offer letter or other statement regarding the expectation that an employee only work 14 hours every two weeks should state that the letter/statement isn’t a contract of employment and that an employee may work less or more hours in a two-week period depending on business needs.

Q           We’re a nonprofit employer that has an employee whose spouse suffered a severe injury. Are we required to indefinitely provide a salary and Family and Medical Leave Act (FMLA) leave to this employee to care for the injured spouse?