Cecily Zamora
Company policies cannot override federal or state laws. For example, a company cannot implement a policy that conflicts with the minimum requirements of federal or state law. However, there are some areas where company policies can be more generous than the law requires. For instance, while there are no state or federal laws requiring an employer to give a minimum number of hours, they are required to pay overtime if an employee works more than 40 hours in one workweek.
| Characteristics | Values |
|---|---|
| Can company policy override federal or state law? | No |
| Can company policy conflict with the minimum requirements of federal or state law? | No |
| Can company policy override state or federal laws on minimum working hours? | No |
What You'll Learn
Company policy cannot conflict with federal or state law
A company's policy cannot conflict with the minimum requirements of federal or state law. For example, under both state and federal law, an employer is required to pay overtime if an employee works more than 40 hours in one workweek. If a company policy stated that they did not pay overtime, this would be illegal.
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Company policy cannot override laws
No, company policy cannot override laws. A company's policy cannot conflict with the minimum requirements of federal or state law. For example, a company cannot override the state and federal laws requiring employers to pay overtime if an employee works more than 40 hours in one workweek.
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Company policy cannot dictate minimum working hours
Company policy cannot override federal or state laws. This means that a company cannot dictate minimum working hours.
In the US, there are no state or federal laws requiring an employer to give a minimum number of hours. However, if an employee works more than 40 hours in one workweek, the employer is required to pay overtime under both state and federal law.
Independent contractors are able to negotiate the terms of their agreement, and some contracts may require a minimum number of hours or permit activities only during specific hours. However, if an independent contractor is paid a flat rate no matter how many hours they work, the company cannot dictate their hours or schedule unless they are willing to pay more.
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Company policy must adhere to overtime laws
Company policy cannot override federal or state laws. A company must adhere to the minimum requirements of federal or state law. For example, under both state and federal law, employers are required to pay overtime if an employee works more than 40 hours in one workweek. An alternative company policy, such as not paying overtime, would be illegal.
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Company policy must be legal
Company policies that override laws are not permitted. For example, a company policy that requires employees to work more than 40 hours a week without paying overtime would be illegal. It is important to note that attorneys must disclose if any AI is used in answering legal questions.
If you have concerns about a company policy conflicting with the law, it is best to consult a licensed attorney. They can provide specific legal advice and guidance based on your situation and the relevant laws.
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Frequently asked questions
No, a company cannot override laws. A company's policy cannot conflict with the minimum requirements of federal or state law.
No, a company cannot override employment law. For example, an employer is required to pay overtime if an employee was working more than 40 hours in one workweek under both state and federal law. An alternate company policy would be illegal.
No, a company cannot override local laws. Local laws are a type of state law, and a company's policy cannot conflict with the minimum requirements of state law.
