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Vermont Mandatory Overtime Laws


Posted by Tamara

If you work in a hospital, public health center, nursing home, or maternity home in Vermont, the 8/80 rule for overtime applies to you. It also applies to employees in therapeutic community residences and community care homes. This means you are entitled to overtime pay after working 8 hours in a single day, or 80 hours in a two-week period. If you work 10 hours on the first day of the work week, you are entitled to 8 hours of regular pay plus 2 hours at time-and-a-half. However, if you work 50 hours this week and 30 hours next week, you are not entitled to any overtime pay, as long as each shift is no more than 8 hours long.

For employees in other Vermont industries, the traditional standard of overtime after 40 hours of work in a single work week applies. The Vermont state law does not require overtime for employees in retail or service establishments, including hotels, motels or restaurants. Some employees of such establishments may be entitled to overtime under federal law, however.  Many employees in the transportation industry are exempt from overtime requirements under both state and federal laws.

Under the Vermont mandatory overtime laws, there is no limit to the number of hours that an employer may require an employee to work. In Vermont as in virtually every other state, an employer can legally require that an employee work any amount of overtime. An employer can even fire an employee who refuses to work overtime.

The federal government made significant changes to the regulations about who is exempt from overtime pay, in 2004. The Vermont law, however, remains the same. Under the Vermont mandatory overtime laws, most employees who work more than 40 hours in a single work week are entitled to overtime pay. The overtime pay must be the one and one-half times the employee’s usual rate of pay.

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