My hourly employee wants a flexible schedule working four 10-hour days; do we have to pay any overtime if we agree with the request?

Even with a mutual agreement between the employer and the hourly, nonexempt employee, employers would have to pay two hours of overtime each day on a four-day, 10-hour workweek unless the employer satisfies the legal requirements for the creation of an alternate workweek schedule.

To avoid overtime issues created by a work schedule that exceeds eight hours in a day, an employer must follow a rigorous, step-by-step process to create the alternative workweek schedule.

Read more about Creating an Alternative Workweek Schedule and Maintaining the Alternative Workweek Schedule in the HR Library.