Minimum Wage and Overtime Basics

Overtime pay is required for time worked in excess of 40 hours in a week. TheWashington Department minimum wage and overtime pay of Labor and Industrieswebsite may have additional specific information on wage laws in the state.

• TheMinnesota Department of Labor and Industrywebsite 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.
• Thus, an employer could allow an employee to provide simply the total number of hours worked each day, including the number of overtime hours if any, by the end of each pay period.

Divide your weekly salary by 40 to get the regular hourly rate. If an employee is a non-exempt worker, meaning an employee who is due overtime, the employer may not award compensatory time in place of paying overtime compensation. Effective https://www.bookstime.com/ July 1, 2015, the Attorney General’s Office will enforce an earned sick time for employees law requiring sick leave under certain conditions. Guidance regarding the requirements of this earned sick time law can be found in this notice.

Living Wage

A temporary, training wage of $8.42 per hour is also allowed in specific circumstances. Overtime is required after 48 hours worked in a given week. Federal wage and overtime laws supersede the state’s laws for qualified employees.

• RemediesEmployees who believe their FLSA rights were violated may file a complaint with the local office of the United States Department of Labor’s Wage and Hour Division.
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• Generally, the white-collar exemptions exclude certain executive, administrative, and professional employees from the minimum wage and overtime requirements.
• Employers may discipline or even terminate employees who refuse to work scheduled overtime.
• TheSouth Carolina Department of Labor, Licensing and Regulationswebsite may have additional specific information on wage laws in the state.

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. 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. A “workweek” is a regularly recurring period of seven consecutive 24-hour periods.

Vacation and severance pay

This Act was passed to protect the country’s worker from being underpaid and overworked and to help them maintain a decent standard of living. If your job falls under any of the four categories described above, then you are not covered by federal or Massachusetts unemployment regulations and your employer is not required to pay you an overtime premium. Most hourly employees in Massachusetts are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week . As of January 1, 2022, the minimum salary amount is $735.59 per week for exempting a worker from overtime. This is only one of the factors used in determining whether a worker is exempt from overtime under federal or state law. The duties of each worker must be considered as part of this analysis. Failure to adhere to both requirements—meeting the duties test and the weekly salary threshold—will result in violations of both federal or state law or of one jurisdiction or the other depending on the discrepancies in the laws.

• Recordkeeping Covered employers are required to keep certain records for each non-exempt worker.
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• Misclassification also deprives the District of tax revenue from income, Social Security, Medicare and unemployment taxes, which provide funding for public services.
• For employees with a flexible schedule, an employer does not need to require an employee to sign in each time she or he starts and stops work.
• Primarily perform executive, administrative, or professional duties, as provided in the Department’s regulations (the “duties test”).

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. Willful violators may be prosecuted criminally and fined up to $10,000. Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to civil money penalties for each violation. In addition to the rights and remedies available to persons through private suits for violations of the Act, the Department of Labor uses a variety of remedies to enforce compliance with the Act’s requirements.

Massachusetts’ Overtime Minimum Wage

Other overtime rates, like double time pay are not required under Washington state law, with the exception of certain public works projects. My employer paid me for 43 hours of wages during the last workweek. Eight of those hours were paid as sick leave, as I was out ill for one day.

Code, Federal Register, and Code of Federal Regulations as the official sources of applicable law. Every effort has been made to ensure that the information provided is complete and accurate as of the time of publication, and this will continue. For child labor violations, employers are subject to a civil money penalty for each violation. In addition, employers are subject to a civil money penalty for each violation that causes the death or serious injury of any minor employee – such penalty may be doubled when the violations are determined to be willful or repeated.

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Employers must keep records on wages, hours, and other information as set forth in the Department of Labor’s regulations. Most of this data is the type that employers generally maintain in ordinary business practice. The Act prohibits performance of certain types of work in an employee’s home unless the employer has obtained prior certification from the Department of Labor. Restrictions apply in the manufacture of knitted outerwear, gloves and mittens, buttons and buckles, handkerchiefs, embroideries, and jewelry . Employers wishing to employ homeworkers in these industries are required to provide written assurances to the Department of Labor that they will comply with the Act’s wage and hour requirements, among other things. On State or county public construction projects governed by Chapter 104, HRS, Wages and Hours of Employees on Public Works Law, overtime is required after 8 hours a day, and all hours on Saturdays, Sundays, and State holidays. 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.

Workers covered by the federal wage law called the Fair Labor Standards Act are entitled to at least the federal minimum wage of $7.25 an hour. In states which have established no minimum wage rate or one lower than the federal wage rate, the higher minimum wage federal rate will apply to many workers. All employees should be aware of federal and state wage and overtime laws, and the rights created under those laws. Federal law requires that most employees receive a wage of at least $7.25 per hour. Some states have set the minimum at a higher level, and in such states that higher minimum applies.