HR Workforce Solutions
By Nonprofits, For Nonprofits
Question: Will the employer have to pay overtime to a nonexempt employee for time spent at a holiday party even if the party is voluntary?
Answer: In the event of an after-hours voluntary party, where there are no consequences for not attending, there is no requirement to compensate a nonexempt employee under wage and hour regulations. However, in the event that a party is held during any portion of an employee’s normally scheduled work hours and the employee is permitted to attend during those hours, even if voluntarily, the nonexempt employee is to be compensated. Therefore if the employee’s work day ends at 5 p.m., and the party goes from 3 – 7 p.m. the nonexempt employee would be paid for two hours (3 p.m. – 5 p.m.). If the party was mandatory or would have any consequences for those not in attendance, the nonexempt employee would be paid for the entirety of the party. If the nonexempt employee provided any work effort towards the set-up, during, or post event clean up, the employee would need to be compensated for all time worked at regular wages, including any eligible overtime.
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UST maintains a secure site. This means that information we obtain from you in the process of enrolling is protected and cannot be viewed by others. Information about your agency is provided to our various service providers once you enroll in UST for the purpose of providing you with the best possible service. Your information will never be sold or rented to other entities that are not affiliated with UST. Agencies that are actively enrolled in UST are listed for review by other agencies, UST’s sponsors and potential participants, but no information specific to your agency can be reviewed by anyone not affiliated with UST and not otherwise engaged in providing services to you except as required by law or valid legal process.
Your use of this site and the provision of basic information constitute your consent for UST to use the information supplied.
UST may collect generic information about overall website traffic, and use other analytical information and tools to help us improve our website and provide the best possible information and service. As you browse UST’s website, cookies may also be placed on your computer so that we can better understand what information our visitors are most interested in, and to help direct you to other relevant information. These cookies do not collect personal information such as your name, email, postal address or phone number. To opt out of some of these cookies, click here. If you are a Twitter user, and prefer not to have Twitter ad content tailored to you, learn more here.
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This Privacy Policy and the Terms of Use for our site is subject to change.
