Overtime Pay, Salary and Comp Time NC DOL

If you are a tipped employee who performs work on or in connection with such a federal contract, you must be paid a minimum of $7.90 per hour. If you perform work on or in connection with certain federal contracts that are entered into, renewed, or extended on or after January 30, 2022, you generally must be paid at least a $15.00 minimum wage. You can discipline an employee who violates your policy by working overtime without the required authorization. However, wage and hour laws require that you compensate the employee for any hours you “suffer or permit” the employee to work. Your employer can discipline you for violating its policy by working overtime without the required authorization.

HR professionals must know how to determine overtime eligibility for each employee. To download a copy of the required labor law poster, go to the Labor Law Poster page. Maynard Nexsen is a full-service law firm with more than 550 attorneys in 24 offices from coast to coast across the United States. Maynard Nexsen formed in 2023 when two successful, client-centered firms combined to form a powerful national team. Maynard Nexsen’s list of clients spans a wide range of industry sectors and includes both public and private companies.

Credit Card and Other Payment Processing Fees

Under the minimum fair wage law, an employer does not have to pay extra for weekend, holiday, or night work. For more information, refer to the Massachusetts Blue Laws and Working on Sundays or Holidays page. The U.S. Department of Labor has information on the federal overtime requirements for restaurant workers.

If you have any questions about the FLSA or other employment law topics, Nexsen Pruet’s employment and labor law team stands ready to assist. We regularly advises employers on FLSA issues, including questions about compliance and exemptions. To find their overtime pay, multiply their regular rate by the hours of overtime they worked and then by time and one-half. Most Massachusetts employers are subject to minimum wage and overtime laws. The FLSA applies to companies which have at least two employees and whose gross revenues exceed $500,000 per year. Even if these requirements are not met, the FLSA still protects all employees whose work regularly involves them in commerce between states.

What is a tipped employee?

Council on legislation that grants OAG independent authority to investigate and bring wage theft cases, including misclassification cases. Since gaining independent authority, OAG has launched more than 40 investigations into wage theft and payroll fraud. In 2020, OAG secured it’s largest wage theft settlement to date, requiring Power Design—a major electrical contractor—to pay $2.75 million to hundreds of harmed workers and the District over wage theft and worker misclassification claims.

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(b)). 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(8)). Your pay periods are irrelevant to the overtime calculation. Pay periods may be established for any period not exceeding 35 days, but overtime must be calculated based on a recurring, seven-day workweek. If a workweek overlaps two pay periods, pay any overtime due for that workweek at the end of the second pay period (when the total hours worked for the workweek are known).

For workers

Unless a policy, contract or collective bargaining agreement states otherwise, you do not get overtime pay if you used sick leave, vacation time, holidays, or other paid time and did not actually work. Learn more about independent contractor misclassification. An employee’s workweek is 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. Averaging of hours over two or more weeks is not permitted.

To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. A .gov website belongs to an official government organization in the United States. Oregon Bureau of Labor & Industries protects employment rights, advances employment opportunities, and ensures access to housing and public accommodations free from discrimination. All remunerations must be considered during the week that the remuneration is paid. Complaints must be filed with the Office of the Attorney General’s Fair Labor Division. For a wage complaint form, addresses and phone numbers, please visit the Attorney General’s web page.

Deductions from Minimum Wage

Section 13(a)(1) of the Fair Labor Standards Act provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations. If these requirements are not met, the employee is entitled to minimum wage and overtime under the FLSA. An employee’s regular rate of pay cannot be less than the minimum wage. An employee’s regular rate of pay does not include amounts paid for expenses incurred on the employer’s behalf, premium payments for overtime work, discretionary bonuses, and payments for vacation, holidays, or sick leave.

Of course, if the employee is paged and must perform work, the employee must be paid for all hours worked. The Minimum Fair Wage Law does not require employers to compensate for vacation time when an employee is not at work, or offer severance pay upon termination. However, if an employer offers a vacation plan, vacation pay may be considered wages due an employee.

Minimum Wage and Overtime

Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. https://www.bookstime.com/ The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days. Worker misclassification is the practice of incorrectly categorizing workers as independent contractors rather than employees.

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. No, overtime is based on actual hours worked and does not include holidays, vacation leave or sick leave days used.

Records on which wage computations are based – i.e., time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages – must be retained for two years. 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. Employees who are covered by Colorado Overtime and Minimum Pay Standards https://www.bookstime.com/articles/minimum-wage-and-overtime-pay Order (“COMPS Order”) #38 may, in most circumstances, qualify for overtime pay. The following information only applies to non-exempt employees covered by COMPS Order #38 (most employees). A different, higher minimum wage may apply for work performed on or in connection with certain federal construction and service contracts. If you perform work on or in connection with certain federal contracts entered into before January 30, 2022, you must be paid at least a minimum wage of $11.25 per hour.

• The employee is owed $2,062.50 for that week of pay including their $1,000 weekly salary, $500 in commissions, and $562.50 overtime pay.
• Your employer must pay you for all hours worked and many employers voluntarily pay employees time-and-a-half their usual wage for hours worked on holidays, but it is not required by law.
• You may contact the clerk of the bankruptcy court to file a preferred wage claim if there are concerns that sufficient funds will not be available to cover your wages as a creditor.
• Again, to determine the regular rate, you add up all the qualifying compensation that an employee earns for the week, and divide by the number of hours worked.
• Most employees employed in the District of Columbia are entitled to the District’s minimum wage.