Minimum Wage and Overtime Pay

If you don’t think you’ve been paid all of your agreed wages or have been paid less than minimum wage, or not paid for overtime or fringe benefits, you can file a claim with the Oregon Bureau of Labor and Industries. For the locations of BOLI’s offices, visit the agency’s website listed along withother employment law resources here.

Minimum Wage and Overtime Pay

The primary duties you perform must also be exempt to disqualify you from overtime pay. Only governmental employers are exempt from the wage payment provisions.

Wage Standards Division

It is important to determine what maximum is legal in each case. If your job is eligible for overtime protection under California and Federal overtime law as described above, your employer is required by law to pay you an overtime premium for all qualifying overtime hours worked. If your employer owes you overtime pay, a Department of Labor office in California will work with you to ensure you receive your fair wages for all hours worked. Any work in excess of 12 hours in one day and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than twice the regular rate of pay. Exceptions apply to an employee working pursuant to an alternative workweek adopted pursuant to applicable Labor Code sections and for time spent commuting.

Access a collection of interactive online tools and presentations that address overtime pay requirements. Guidance materials about overtime topics, including an Employment Law Guide, Qs & As, guide to overtime laws in the states, and more. “Smoking breaks” – smoking breaks are not required under Texas or federal law, are in the same category as rest breaks , and may be controlled in any way with appropriate policies. Child labor – in most situations, children younger than 14 may not work for an employer. Children ages 14 and 15 may work, but only in non-hazardous occupations and only during non-school hours; there is also a substantial limitation on the number of hours they can work each day and week. Children ages 16 and 17 may work any hours they want, but may not work in hazardous occupations. Once a person reaches age 18, there is no limitation on either hours or duties .

Of course, if the employee is paged and must perform work, the employee must be paid for all hours worked. Effective July 1, 2015, the Attorney General’s Office will enforce an earned sick time for employees law requiring sick leave under certain conditions.

Prevailing Wage Laws

Second, the primary duties you perform must also be exempt. To determine if your primary duties meet the criteria outlined for the executive, administrative or professional employee, visit the US DOL site. In contrast to an “independent contractor,” generally employees are individuals who regularly performwork within that employer’s ordinary course of business. Workers are not independent contractors simply because they work offsite, or work remotely, or have flexibility over their hours and responsibilities. If you report to work but are sent home, your employer must pay you for four hours of work at the regular minimum wage. The regular minimum wage rate generally increases every year on July 1st. For additional information about minimum wage, overtime or record keeping requirements, please refer to Policy HR 1.84.

You can contact OAG to report worker misclassification. An individual’s work falls outside of the core business of that company. His schedule is listed below, with work hours highlighted inbold. The notable expansion is the change in prong three relative to managerial responsibility. Current law, provides “who has no managerial responsibility”.

For enforcement purposes, transgender employees would be considered according to the gender in which they present themselves. The EEOC regulations regarding equal pay are in 29 C.F.R. Part 1620. Of course, if your regular standard time pay rate is above minimum wage, your overtime pay rate must still be 1.5 times your standard hourly wage. This is true if you are a non-exempt employee and qualify for overtime pay. If you work over 40 hours in a given week, your employer must pay you at least 1.5 times your regular hourly wage, unless you qualify as an overtime-exempt employee. Your employer can pay you more than time and a half for overtime if they so choose.

Minimum Wage And Overtime

My employee worked 42 hours in the five-day period from Thursday through Monday. The answer depends on the number of hours the employee worked during your workweek.

The U.S. Department of Labor in September 2019 updated the federal overtime rules regarding executive, administrative, and professional workers. Effective Jan. 1, 2020, the federal minimum salary threshold increased to $684 a week. With the state salary thresholds for exempt employees now a multiplier of the state minimum wage, one of the thresholds multipliers will rise on Jan. 1, 2022. Small businesses (1-50 employees) will have to pay at least 1.75 times the state minimum wage ($1,014.30 a week), and large businesses will continue to pay at least 1.75 times the minimum wage ($1,014.30 a week). Most hourly employees in California are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week . Most salaried employees who work more than 40 hours per week and earn less than the federal salary threshold is eligible for overtime regardless of their job duties. The employee’s wages plus tips add up to at least what the employee would have received if paid at the regular minimum wage rate.

A workweek is a fixed and regularly recurring period of 168 hours (seven consecutive 24-hour periods). Therefore, an employer cannot “average” an employee’s hours worked over two or more weeks to determine the hours worked per workweek. For employees who are not paid a normal “hourly” rate, their regular rate for overtime purposes requires calculating all of the employee’s compensation into an hourly rate. For example, certain incentive pay, such as commissions and non-discretionary bonuses, and shift differentials, may need to be considered when calculating the overtime rate.

Except as otherwise provided in this subchapter, an employer may not employ any employee at a rate less than the rates required by this section. You may be entitled to overtime even when your time records or paystubs do not correctly reflect the hours you actually worked. Overtime laws may apply, in certain cases, when you are paid by commissions or tips.

Failure To Pay Overtime And Minimum Wage

A workweek is defined as any consecutive seven-day period starting with the same calendar day and hour each week. A workweek is a fixed and recurring period of 168 hours, seven consecutive twenty-four hour periods, and is typically established by the employer. Hours worked in two or more workweeks shall not be averaged for computation of overtime. 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. However, employers must maintain adequate records to determine and demonstrate their eligibility for this exemption. Generally, overtime is required after 40 hours worked in a workweek.

The living wage rate can be increased annually based on any increase in the Consumer Price Index for the Washington, D.C. $30.40 ($15.20/hour for the 2 additional hours to meet the 4 hour pay total). Thus, if Greta received less than $101.50 in tips, she has not received all the wages she is entitled to under District law. Whether the worker’s provided service is part of the employer’s regular business. Overtime is based on hours actually worked during a given work week. The nature of the job and/or the type of employer dictates whether or not an worker is eligible for overtime. Learned professional, in which an employee’s primary duties involve the performance of work that requires advanced knowledge in a field of science or learning.

Overtime Pay, Salary And Comp Time

You have the right to inspect most of your personnel records. Employers are required to keep them for 60 days after the termination of your employment, and you can request a copy of your personnel records for as long as the employer keeps them. The employer can charge you a reasonable amount for copies. Divide the weekly salary by 40 to get the regular rate. Paid time off – Payments to a worker for time not spent working, such as vacation, holidays, and sick leave. Tips and service charges – Tips are amounts freely given by a customer to an employee. Service charges usually are added to a customer’s bill for services related to food, beverage, or entertainment, and may be payable to workers.

Minimum Wage and Overtime Pay

Divide your weekly salary by 40 to get the regular hourly rate. Employees who are covered by Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #38may, in most circumstances, qualify for overtime pay. The following information only applies to non-exempt employees covered by COMPS Order #38 . 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. A.Yes, in general an employer may dictate the employee’s work schedule and hours.

This calculation will produce the regular rate of pay on the production bonus. Overtime on the production bonus is then paid at .5 times or 1 times the regular rate for all overtime hours worked in the bonus-earning period.

The purpose of the conference is to determine the validity of the claim, and to see if the claim can be resolved without a hearing. If the claim is not resolved at the conference, the next step usually is to refer the matter to a hearing. Divide the annual salary by 52 to get the weekly salary. Effective June 1, 2019, employees under 18 years of age must earn at least 85% of the State Minimum Wage Rate. Employers can mandate overtime work, with the exception of registered nurses and licensed practical nurses . 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. The new federal regulations took effect on January 1, 2020.

Underground mine workers may not work more than eight hours in a 24-hour period. Police, firefighters and employees of hospitals, residential care facilities and nursing homes have special overtime rules. Contact the Bureau of Labor and Industries or the U.S. Information on how to contact these agencies is found on theemployment law resources page. All salaried employees must be paid overtime unless they meet the test for exempt status as defined by federal and state laws.

May Bonuses Be Used To Satisfy Part Of The New Standard Salary Level Test?

TheMichigan Department of Licensing & Regulatory Affairswebsite may have additional specific information on wage laws in the state. $7.25, with an automatic increase to match a greater federal minimum wage. TheIowa Workforce Developmentwebsite may have additional specific information on wage laws in the state.

$12.75 per hour, varying annually based on an inflation calculation. Overtime is required for time worked in excess of 40 hours in a week.

To properly compute overtime on a flat sum bonus, the bonus must be divided by the maximum legal regular hours worked in the bonus-earning period, not by the total hours worked in the bonus-earning period. This calculation will produce the regular rate of pay on the flat sum bonus earnings. Overtime on a flat sum bonus must then be paid at 1.5 times or 2 times this regular Minimum Wage and Overtime Pay rate calculation for any overtime hour worked in the bonus-earning period. Overtime on production bonuses, bonuses designed as an incentive for increased production for each hour worked are computed differently from flat sum bonuses. To compute overtime on a production bonus, the production bonus is divided by the total hours worked in the bonus earning period.

Federal Requirements

For example, as an employee, if you work between two and 6 hours, you get a 10-minute paid rest period. Meal periods are required if you work more than six hours in one day. Meal periods should be at least 30 minutes long, and employers do not have to pay for that time if you are completely relieved of work during the meal period. Employers may require employees to do some work during the meal period if the nature of the job makes it difficult to completely relieve them. In that case, the meal period is counted as work time and the employer must pay the employee for it. Employers are required to provide you with a sanitary and safe work area and may not require you to lift excessive weight.

$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. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted.

A few industries, including factories and manufacturing establishments, also have overtime pay required after 10 hours worked in a workday. TheOregon Bureau of Labor and Industrieswebsite may have additional specific information on wage laws in the state.

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