Practice question
A covered employee’s schedule is changed to ten actual work hours on each of four days. There is no lawful compressed-workweek arrangement or other overtime exception. The employer argues that forty weekly hours make every hour ordinary. Which is the best answer?
- The weekly total necessarily eliminates daily overtime
- Applicable daily overtime remains relevant; the schedule change alone does not erase work beyond eight hours
- Every ten-hour day is automatically criminal regardless of payment or exceptions
- The employee must waive wages because there are only four days
- A monthly payroll automatically validates every excess hour as ordinary
Legal references
- https://lawphil.net/judjuris/juri1998/apr1998/gr_119205_1998.html — Sime Darby Pilipinas, Inc. v. NLRC, GR 119205, April 15, 1998, main decision; reasonable revised schedule and meal-period distinction.
- https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Articles 83–85 and 87–88, working time and overtime.
- https://lawphil.net/judjuris/juri2006/apr2006/gr_164774_2006.html — Star Paper Corporation v. Simbol, GR 164774, April 12, 2006, main decision; reasonableness limits on management policies.
Answer this question in flashcards to review your response and continue practicing.