b'Common Situations: overtime for the weeks over 40. If Joes schedule has enough Vacation and Overtime: An employee takes two vacation daysregular fluctuation, he and his employer can make a fluctuating during the week, but upon return has so much to do that theworkweek agreement (preferably in writing), by which Joe earns employee manages to log 40 hours of true work in the remainingjust the half overtime premium for overtime hours. three days. You do not have to treat the vacation as 16 hours worked and pay overtime, the law only considers hours trulySemi-Secret Overtime: Beths shift ends each day at 5:00, but worked. she routinely leavesthe officeat5:25. You dont pay close attention to what she does during that time but you have reason Breaks:EmployeesatAcmeBrickarerequiredtotakeato believe she works. If you know or have reason to believe an 10-minute break twice a day and that time is deducted fromemployee is working overtimeeven if they dont report ityou their pay. Interestingly enough, any break less than 20 minutesmust investigate and pay any overtime due.is considered beneficial to both the employer and employeeWhat Should I Do:and is counted as work time. Note, however, that employers are not required to give any breaks for smoking, lunch, or anyGood: Be careful to calculate overtime correctly.Keep employee other purpose (except nursing mothers and possibly by localtime records three years. Make employees clock in and out ordinance, i.e. Austin, Texas requires a 10-minute break per 4for lunch. And, dont forget the most common mistake: Salary hours for construction workers). employees arent necessarily exempt from overtime! Holiday Pay: Employees at Bah Humbug, Inc. are required toBetter: If you have salaried employees that earn overtime, but work on holidays and paid straight time. No problem, so longhave regular fluctuation between weeks over and under 40, as the employee does not exceed 40 hours. Employers areenter into a fluctuating workweek agreement.not required to give days off or pay even standard overtime for holidays. Best: In addition to the above, have employees acknowledge anytravelpoliciesyoumayhave.Requireallemployees Salary and Fluctuating Hours: Joe works 43 hours one weektoreportanyotheremployeetheyobserveworkingbutnot and 37 for the next two weeks before going over 40 again.reporting overtime. Finally, have employees sign off each week Joereceiveshisstandardsalaryeventhoughhedoesnotthat their hours are correct.work 40 hours in some weeks, plus, his employer must pay 30'