24.16.2504 THE WORKWEEK AS THE BASIS FOR APPLYING SECTION 39-3-405 MCA
(1) If in any workweek an employee is covered by the Law and is not exempt from its overtime pay requirements, the employer must total all the hours worked by the employee for him in that workweek (even though two or more unrelated job assignments may have been performed) , and pay overtime compensation for each hour worked in excess of the maximum hours applicable under section 39-3-404 MCA of the Law. In the case of an employee employed jointly by two or more employers, all hours worked by the employee for such employers during the workweek must be totaled in determining the number of hours to be compensated in accordance with section 39-3-405 MCA.
(2) Each workweek stands alone. The Law takes a single workweek as its standards and does not permit averaging of hours over 2 or more weeks. Thus, if an employee works 30 hours one week and 50 hours the next, he must receive overtime compensation for the overtime hours worked beyond the applicable maximum in the second week, even though the average number of hours worked in the 2 weeks is 40. This is true regardless of whether the employee works on a standards or swing shift schedule and regardless of whether he is paid on a daily, weekly, biweekly, monthly or other basis. The rule is also applicable to pieceworkers and employees paid on a commission basis. It is therefore necessary to determine the hours worked and the compensation earned by pieceworkers and commission employees on a weekly basis.
History: Sec. 39-3-403, MCA; IMP, Sec. 39-3-405, MCA; Eff. 12/31/72.