Overtime pay is required for employees who work more than forty hours per week. Overtime pay is calculated according to Federal and state laws. Governmental employers can also choose to pay time and one-half the regular rate of pay. It is important to understand the rules of overtime pay and whether it is required in your state. For more information, see the Federal and state overtime pay laws. In addition, you should consider whether you’re eligible for an alternative workweek schedule.
Exempt employees
The Fair Labor Standards Act (FLSA) has strict guidelines about whether an employer must compensate non-exempt employees for hours over forty in a workweek. Non-exempt employees are entitled to time and a half pay for overtime hours worked above the standard 40. In some states, this standard has been increased to seventy-five percent. However, some employers do not provide such compensation for exempt employees. Therefore, employers must carefully consider these regulations and make sure they are in compliance with the law.
To qualify for overtime pay, an employee must earn at least the federal minimum wage. Many employers mistakenly treat exempt employees as non-exempt. This is wrong, as non-exempt employees are required to receive minimum wage for all hours worked, not just for overtime hours. However, comp time is allowed for some employees, especially those employed by state or local government entities. While the DOL regulations do not state that an employer must keep comp time records for exempt employees, employers may want to consider keeping them for legal purposes.
If an employee is exempt from overtime, then the employer must prove that the employee has a compensable job function. The employee must meet one of the three criteria. Those who fall under the professional exemption are those with advanced knowledge in their field of study, as well as those with unique talent in an industry recognized as creative. If the employee is not receiving overtime, they should immediately seek legal advice.
Alternative workweek schedules
The process for implementing an alternative workweek schedule begins with a vote by the employees affected by the proposed change. The proposal must be approved by two-thirds of the affected employees in a secret ballot election. The employer must notify employees of its intention to implement the change in writing 14 days before the vote. In addition, it must hold a meeting to discuss the changes and mail all affected employees a written disclosure.
In addition, the employer must identify the “work unit” of each employee subject to the proposed schedule. A “work unit” is a group of employees who perform similar work within the same workplace. It can be a department, division, job classification, or separate location. The work unit can also be a single employee as long as the employee meets the requirements for an identifiable work unit. The employer can also propose an alternative workweek schedule for employees in the same department or division.
Alternative workweek schedules can be beneficial for employers and employees alike. They allow employees to work fewer hours, and may reduce commuting expenses. Employees can still complete the work they need to do, while avoiding the daily overtime payment obligation. However, these schedules may not be as flexible as the employer would like them to be. It’s important to consult with a qualified employment lawyer before implementing an alternative workweek schedule.
Federal or state laws that trigger overtime pay
Whether you work a seven-day or a forty-five-hour workweek, you may be covered by Federal or State laws that trigger overtime pay. However, there are several differences between federal and state laws when it comes to calculating overtime compensation. Some states configure overtime pay using a workweek and others use a daily or weekly schedule. It’s best to follow the law that will benefit you and your employees the most.
In general, overtime pay must be one and a half times an employee’s regular rate of pay. This rule applies to hours worked in excess of forty hours in a week, and applies to nonexempt employees as well as exempt ones. Moreover, under federal and state law, employers cannot ask an employee to waive overtime pay, and should file a wage complaint with the appropriate agency. There are also exceptions to the FLSA, so it’s best to follow federal law if you’re unsure whether the state you’re in has a law.
In addition to the FLSA, state and local labor laws also impose a variety of rules about overtime pay. Some of these laws require employers to pay their employees overtime pay after forty hours of work. However, there are a few exceptions to the FLSA, including police officers, firefighters, nurses, and others. If you’re an employee subject to both federal and state laws, you should know what those exceptions are.
