One of my full-time non-exempt clerical employees is talking about getting
a job in retail on weekends to help make ends meet. There is productive work
she can do for us on weekends such as financial statement analysis and credit
file updates. The problem is I cannot afford to pay her overtime at time
and one-half. Can we make a side deal under which I would pay her straight
Answer: No, not legally.
State and federal laws make it clear that non-exempt employees must be paid
time and one-half for any overtime they work.