Changes To Overtime Rules

Minimum Wage and Overtime Pay

Your job must be salaried, primarily intellectual, and you must be expected to use discression and judgement. You must spend no more then 20% of your time doing activities that are not directly related to the duties described above in order to be classified as a Professional. Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training.

This amount plus tips must equal at least the State Minimum Wage Rate. $10.10, but any employees guaranteed $2,000/month or more are exempted from the state’s minimum wage and overtime law. Employers covered by the FLSA are excluded unless the state rate is higher. Overtime pay is required for hours worked over 40 in a week. TheHawaii Department of Laborwebsite may have additional specific information on wage laws in the state. Nearly half of the states have a rate equal to the federal rate of $7.25, while several other states and D.C. The higher rates set by these states will apply to most workers.

Any employee working more than 40 hours per week is entitled to at least 1½ times the regular hourly pay for every hour over 40 worked in a week. If you regularly work more than 40 hours per week and you believe that your employer has wrongfully failed to pay you overtime, contact the Atlanta overtime lawyers at Fidlon Legal for an initial case evaluation. An employer may dictate an employee’s work schedule and hours. Employers may discipline or even terminate employees who refuse to work scheduled overtime.

Minimum Wage and Overtime Pay

A group rate for piece workers is an acceptable method for computing the regular rate of pay. In using this method, the total number of pieces produced by the group is divided by the number of people in the group, with each person being paid accordingly. The regular rate for each worker is determined by dividing the pay received by the number of hours worked. Instead, federal minimums and overtime rules under theFLSAapply. TheAlabama Department of Laborwebsite may have additional specific information on labor laws in the state.


For most firms, a threshold of $500,000 in annual dollar volume of business applies to be covered (i.e., the Act does not cover enterprises with less than this amount of business). Department of Labor has outlined specific requirements that must be met in order to qualify for exemption. It is important to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney. —a Maryland construction company—penalizing them $200K for cheating 100+ District workers out of wages and benefits by misclassifying them as Independent Contractors. Misclassification also deprives the District of tax revenue from income, Social Security, Medicare and unemployment taxes, which provide funding for public services.

$8.75 an hour for employers with 6 or more employees at a single location. TheWest Virginia Division of Laborwebsite may have additional specific information on wage laws in the state. $11.00 an hour, increasing per year to $15.00 an hour in 2027.

Labor Commissioner’s Office

The disclosure must also include certain information, such as fees that would apply. These are regulated by federal and state laws designed to protect employees. Here, we review key federal and state standards that employers should understand. If the court can reasonably infer from the employee’s proof that work was performed with improper compensation, the burden is on the employer to provide evidence to the contrary. Therefore, employers should maintain employment records to comply with the FLSA and to ensure that, as employers, they have an adequate response to possible employee claims. Most employees employed in the District of Columbia are entitled to the District’s minimum wage. There are a few narrow exceptions to the minimum wage laws explained in more detail below.

If an exception is filed, it is referred to an Administrative Law Judge for a hearing and determination as to whether the penalty is appropriate. If an exception is not filed, the penalty becomes final. It is a violation of the Act to fire or in any other manner discriminate against an employee for filing a complaint with an employer or the Wage and Hour Division or for participating in a legal proceeding under the Act.

If an employer violations the FLSA by failing to pay appropriate wages, the employee may recovery the unpaid wages, as well as liquidated damages, as a penalty on the employer. The Atlanta-based attorneys at Moeller Barbaree have extensive experience in cases involving overtime claims. The minimum wage for tipped employees is $2.13 per hour if that amount plus the tips received equal at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips. If an employee’s tips combined with the employer’s direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference.

Julie was very engaging and professional and provided sound advice on how to proceed. I am always pleased with the outcome whether it’s a consultation or representation. Then this is the team of attorneys and staff that can provide that higher level of service. Creative professional, in which an employee’s primary duties involve invention, imagination, originality, or talent in a field of creative or artistic endeavor. The Department of Labor may also bring suit for back pay and an equal amount in liquidated damages, and it may obtain injunctions to restrain persons from violating the Act.

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Ordinarily, the hours to be used in computing the regular rate of pay may not exceed the legal maximum regular hours which, in most cases, is 8 hours per workday, 40 hours per workweek. This maximum may also be affected by the number of days one works in a workweek. It is important to determine what maximum is legal in each case.

An on-call employee who is not required to be at the work site, and who is effectively free to use his or her time for his or her own purposes, is not working while on call and need not be paid. Of course, if the employee is paged and must perform work, the employee must be paid for all hours worked. Fair wage law, an employer does not have to pay extra for weekend, holiday, or night work. The Bureau will still investigate overtime misclassification complaints other than complaints that an employer misclassified someone as an executive, administrative or professional employee. With few exceptions, hourly employees who work more than 40 hours a week must be paid time and a half for all hours over 40.

$11.00, which applies to employers with 4 or more non-family employees. TheIllinois Department of Laborwebsite may have additional specific information on wage laws in the state. Federal law allow employers to pay a lower minimum wage to employees under twenty years of age. Federal law requires that an employer who does not pay wages owed to workers be liable for both the wages and a penalty equal to the wages owed (29 U.S.C. §216). The employer also may be liable for attorney fees and court costs. Minnesota provides the employee a right to bring a civil action against the employer for violations of the minimum wage and other state labor laws (Minn. Stat. §177.27). Additionally, the FLSA requires employers to maintain accurate records of time an employee spends performing compensable work.

Minimum Wage and Overtime Pay

In addition to the categories mentioned above, outside sales employees and computer employees are also exempt from overtime requirements. An outside sales employee is one whose primary duty is making sales, and who usually works away from the employer’s premises. The Act also prohibits the shipment of goods in interstate commerce that were produced in violation of the minimum wage, overtime pay, child labor, or special minimum wage provisions. The Department of Labor may seek to enjoin such shipments. For additional information about minimum wage, overtime or record keeping requirements, please refer to Policy HR 1.84.

Executive Overtime Exemptions

TheIndiana Department of Laborwebsite may have additional specific information on wage laws in the state. The Act exempts some employees from its overtime pay and minimum wage provisions, and it also exempts certain employees from the overtime pay provisions only. Because the exemptions are narrowly defined, employers should check the exact terms and conditions for any applicable exemption by contacting their local Wage and Hour Division office.

  • TheVermont Department of Laborwebsite may have additional specific information on wage laws in the state.
  • Employers must give employees wishing to switch from payroll card accounts to another payment method a written form on which to indicate the change; the employer has 14 days to implement the new requested method.
  • Travel as part of your job description is paid work time.
  • $7.25 an hour, based on the existing federal minimum wage rate.
  • When state and federal thresholds conflict, businesses must meet the threshold most favorable to employees.
  • Independent contractors receive a Form 1099 for paying their federal taxes, while employees receive a Form W-2.

Also exempt are retail or service industry employees who receive more than50 percent of their compensation from commissions on sales of goods or services . I paid my employee for 43 hours of wages during the last workweek. Eight of those hours were paid as sick leave, as the employee was out ill for one day.

Calculating An Employees Regular Hourly Rate

To request copies of the 2020required minimum wage and hour laws poster, complete the wage and hour posters request form. Most salaried employees who do NOT perform executive, administrative, or professional duties are eligible for overtime regardless of how much they are paid. If you believe you are not being paid minimum wage or overtime properly,you can file a complaint here. If you have having trouble collecting your Minimum Wage and Overtime Pay final pay check please do not fill out a complaint form. For most members of the workforce, a paycheck is a major motivation for working. Compensation is a primary factor when employees choose jobs or make the decision whether to keep working or retire. Federal and state governments recognize theimportance of wagesand have enacted many laws designed to protect an employee’s interest in receiving fair pay for their work.

The minimum wage shall be $10.34 per hour effective Jan. 1, 2021, calculated by multiplying all hours worked in the pay period by $10.34. This is the least amount that can be paid to an employee as wages. Most Massachusetts employers are subject to minimum wage and overtime laws. An announcement by an employer that no overtime work will be permitted, or that only overtime work authorized in advance will be paid, does not cancel the employer’s obligation to pay overtime to workers for hours worked beyond 40 hours per week. A computer employee is one who is employed on either a salary or fee basis at no less than $455 per week, or who is paid an hourly wage of no less than $27.63 per hour. A computer employee has primary duties that involve the application , creation, development, or modification of computer systems or programs, or machine operating systems.

  • We met with Ms. Julie St. John to discuss an Employment and Civil legal matter.
  • For child labor violations, employers are subject to a civil money penalty for each violation.
  • Between $152 (Greta’s minimum wage) and $50.50 (Greta’s actual wage) is $101.50.
  • In other cases, employers may need to increase salaries for exempt employees.
  • If your employer fails to pay you any wages due in your final paycheck, you may be entitled by law to a payment of penalty wages for up to 30 days.
  • For crop farmers hiring non-family members, the primary exception is number 1, that is, the farmer employed less than 500 man-days of non-family employees during any calendar quarter of the preceding calendar year.

Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment). But no tip credit is permitted for fast food employees.7 Tips can come in the form of cash, check, credit card, and any other form of payment. You can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office), or you can file a lawsuit in court against your employer to recover the lost wages. Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203. An employer shall keep for a period of at least three years all payroll information and records for each employee at the place of his employment. Effective July 1, 2015, the Attorney General’s Office will enforce an earned sick time for employees law requiring sick leave under certain conditions.

Wages And Benefits

Public agencies are the only employers that can award compensatory time off in lieu of paying required overtime. An employer in a banquet or private club setting that adds a service charge shall notify the customer that the service charge does not represent a tip for service employees.

Employees of certain educational or residential child care institutions. This site is a free public service not affiliated with the Department of Labor or any governmental organization. While we take all precautions to ensure that the data on this site is correct and up-to-date, we cannot be held liable for the accuracy of the labor law data we present.

Overtime is required for time worked beyond 40 hours in a week or 8 hours in a given day. TheNevada Office of the Labor Commissionerwebsite may have additional specific information on wage laws in the state. Overtime is required for time worked beyond 40 hours in a week. TheMichigan Department of Licensing & Regulatory Affairswebsite may have additional specific information on wage laws in the state.

Living Wage

If a workweek overlaps two pay periods, pay any overtime due for that workweek at the end of the second pay period . For example, if payday is on the 15th and the workweek ends on the 17th, the amount of overtime will not be known for that workweek until the following payday. In other words, pay the overtime on the 30th — the regular payday for the period in which the workweek ends. I worked 42 hours in the five-day period from Thursday to Monday. Overtime is calculated based on the “workweek” which is a regularly occurring period of seven days. It could begin on any day or hour your employer chooses as long as it remains the same each week.

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