If our nonprofit part-time employees are hired to work 20 hours per week but they volunteer for more hours, is it legal to only pay 20 hours?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If our nonprofit part-time employees are hired to work 20 hours per week but they volunteer for more hours, is it legal to only pay 20 hours?
Asked on July 31, 2012 under Employment Labor Law, Delaware
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, unfortunately it is not legal: hourly employees must be paid for all hours worked, and they may not volunteer to work extra hours without pay. (The reason for this rule is that otherwise, many unscrupulous employers would pressure their employees to "volunteer" free work.) If they currently making more than minimum wage, you could reduce what they are paid for the extra hours (beyond the 20) to minimum to save costs--employees may be paid at different rates for different shifts or tasks, so long as they remain above minimum.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.