Overtime & Exemptions

Overtime pay is a higher pay rate for hours worked after 40 in a work week. New York Labor Law requires Minimum Wage and Overtime Pay employers to pay 1 ½ times your regular rate of pay for hours worked after 40 in a work week.

$10.50 per hour with overtime required after 8 hours in any day or 40 hours in a given workweek. Overtime includes any hours worked on the 6th and 7th consecutive day of work. TheVirgin Islands Department of Laborwebsite may have more helpful information on the U.S.

Large Employers

Employees of manufacturing establishments must receive overtime after 10 hours in a day. Special overtime rules also apply to government agencies, public works projects, canneries and some hospital employees. For more information see the Oregon Wage and Hour Laws Handbook.

• Overtime is required for time worked in excess of 40 hours.
• This section contains general information about worker misclassification and how D.C.
• Both the federal government and the state of Minnesota by law require contractors who are awarded government funds for public works projects to pay their employees the prevailing wage for the locality in which the project is located.
• But when the New York State minimum wage increases, the state’s minimum salary required for executive and administrative employees will also increase proportionally.
• TheIowa Workforce Developmentwebsite may have additional specific information on wage laws in the state.
• Then this is the team of attorneys and staff that can provide that higher level of service.
• At Fidlon Legal, we can assist you with any of these or other wage and hour issues.

Individuals whose earning or productive capacities for the work to be performed are impaired by physical or mental disabilities, including those related to age or injury.

Talk To A Lawyer To Better Understand Minimum Wage And Overtime Rights

Do not assume that you are an independent contractor just because your employer says you are. You can find descriptions of the difference between employees and contractors on the websites for the Employment Department and the Oregon Bureau of Labor and Industries. If you report to work and are given less than four hours of work, your employer must pay you at your regular hourly rate for the hours worked, and at the regular minimum wage for the remainder of four hours not worked. At the minimum wage rate, she would have earned $15.20 per hour.

The minimum wage paid to employees aged 17 or younger who are not covered under federal law is $8.15. The minimum wage training rate may be paid to employees under the age of 20 the first 90 consecutive days of employment is $8.15. 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.

Additional Contacts

The federal act requires that covered non-exempt employees receive overtime pay at a rate of one and one-half times their regular rate of pay after 40 hours of work in a workweek. Exemptions from the federal overtime pay requirements are addressed above. $7.25 per hour with overtime pay required after 8 hours worked in a day or 40 hours in a week.

Salaried employees are not automatically exempt from minimum wage and overtime requirements, though. Minimum Wage The federal minimum wage for covered non-exempt employees is $7.25 per hour effective July 24, 2009. Where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher minimum wage rate.

Overtime Pay, Salary And Comp Time

$9.25, with automatic increase to match increase in federal minimum. TheDelaware Department of Laborwebsite may have additional specific information on wage laws in the state.

• 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.
• Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals.
• Recordkeeping Covered employers are required to keep certain records for each non-exempt worker.
• If it’s more than 40 hours in the workweek, you should get overtime pay.
• The fact that you agreed to your employer’s method of payment does not mean that you are ineligible for minimum wages and overtime payments.

Puerto Rico applies a variable minimum wage that differs between industries. Further, employers covered by the federal wage and hour law, the FLSA, are required to pay the higher federal minimum wage.

State And Federal Minimum

Workers in most industries and job types to be aware that federal law establishes a baseline for minimum https://www.bookstime.com/ wages across the country. The Fair Labor Standards Act is administered by the Wage and Hour Division .

TheIowa Workforce Developmentwebsite may have additional specific information on wage laws in the state. All employees should be aware of federal and state wage and overtime laws, and the rights created under those laws. Area is defined as the county or other locality from which labor for any project normally is secured. See current prevailing wage rates at Prevailing-Wage Information. Tipped employees are also covered; Minnesota does not allow for tips received by employees to be credited toward the payment of minimum wages.Under the law, employers must pay their employees the minimum wage for all hours worked. Are employees owed overtime after a certain number of hours worked in a day? Even an employee who works 24 hours in one day would be owed no overtime if they work no more than a total of 40 hours in the rest of the workweek.

How Do I Know If I Qualify As An Executive, Administrative Or Professional Employee?

Therefore, if an employee is paid on a piece-rate basis, the employer still must maintain records of the number of hours worked and whether the wages paid meet the minimum wage when calculated on a per-hour basis. The minimum wage and overtime rules do not apply to some employees. For example, salespersons who usually work outside their employers’ places of business (referred to as “outside sales”) do not have to be paid minimum wage or overtime. Some workers on small farms and employees in livestock production are exempt from minimum wage and overtime pay. Casual baby-sitters and companions to the elderly are exempt. In addition, “executive,” “administrative” or “professional” employees are exempt.

What Can A Salaried Employee Do To Ensure They Receive The Overtime Pay They Are Owed?

Overtime pay or compensatory time is given to non-exempt employees whose actual work hours exceeds 40 hours in a week. Employees must receive approval from the authorized supervisor prior to working overtime or they may be subject to disciplinary action. Exempt employees are not subject to the minimum wage, overtime or record keeping requirements of the law, whereas non-exempt employees are subject to these requirements of the Fair Labor Standards Act .

Experienced Wage And Hour Lawyers

Various minimum wage exceptions apply under specific circumstances to workers with disabilities, full-time students, youth under age 20 in their first 90 consecutive calendar days of employment, tipped employees and student-learners. Currently the minimum wage in North Carolina is $7.25 an hour. The minimum wage and overtime pay are based on the hours worked each workweek and not by the number of hours worked each day or the number of days worked.

Legal Forms & Services

Other deductions may be made only if they are for your benefit and you authorize them in writing in advance. Deductions may not be made to cover breakage or losses an employee may have caused. If you are paid minimum wage, deductions may not be made to cover the cost of uniforms or tools or their maintenance. Worker misclassification is the practice of incorrectly categorizing workers as independent contractors rather than employees. This is a serious problem because it deprives workers of many of the basic protections of employment, including the minimum wage, overtime pay protection, paid sick days, workers’ compensation coverage, unemployment insurance, and more. When employers misclassify their workers, they shift these costs onto the workers themselves.

For information on tip credit, go toTip Credit Notice and Easy Reference Guide. These workers are typically “white collar” workers who often have more economic security and relative bargaining power than lower-wage workers. Collective bargaining agreements and employers can provide overtime pay more generous than Washington law requires.