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Federal and state laws exist to prevent such unfair treatment of employees. 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. 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. When processing payroll, don’t assume that it’s only the hourly-paid employees who receive overtime pay—state and federal laws require overtime payments to lower-paid salaried employees. It is also possible that some generous employers will give overtime pay to employees who are not required by law to receive it. I paid my employee for 43 hours of wages during the last workweek.

The gross wages can also be computed as 42 hours at the straight-time rate of $10 per hour plus 2 hours times the overtime premium of $5 per hour. However, an employee being paid on a salary basis is not automatically exempt from receiving overtime pay. The primary duties you perform must also be exempt to disqualify you from overtime pay. 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. Overtime laws in California and nationally are designed to prevent workers from being exploited by their employers, with hourly wage earners (particularly those in blue-collar indistries) being the primarily protected group.

What is the minimum wage in Illinois?

This section contains general information about worker misclassification and how D.C. The information above is for general educational purposes and is not legal advice. The standard for analyzing worker misclassification may change with legislative changes, and currently is different depending upon whether one’s work is within the construction industry or not. —a Maryland construction company—penalizing them $200K for cheating 100+ District workers out of wages and benefits by misclassifying them as Independent Contractors. If you are a District resident and believe you have been denied wages or certain benefits and protections as a result of worker misclassification, OAG is here to help. Read these Frequently Asked Questions to learn more about worker misclassification, as well as when and how to seek help.

Minimum Wage and Overtime Pay 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. Effective June 1, 2019, amusement and recreational establishments must pay employees the required Minimum Wage Rate. Yes, federal regulations allow up to 10 percent of the salary threshold can be satisfied by nondiscretionary bonuses, incentives, and commissions paid on an annual basis. The tip-producing work of a tipped employee who both prepares and serves food to customers, such as a counterperson, includes preparing and serving food. ​Managers and supervisors are employees who meet the duties of an executive according to USDOL FLSA regulations.

Minimum Wage/Overtime FAQ

Even if there is no individual coverage, there still may be enterprise coverage. These employers include hospitals, schools, and government agencies. No, overtime is based on actual hours worked and does not include holidays, vacation leave or sick leave days used. Most employees employed in the District of Columbia are entitled to the District’s minimum wage. There are a few narrow exceptions to the minimum wage laws explained in more detail below. To request copies of the 2020required minimum wage and hour laws poster, complete the wage and hour posters request form. Salaried employees who perform executive, administrative, or professional duties and make more than the salary threshold per year are NOT eligible for overtime.

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https://www.bookstime.com/ does not regulate overtime, so employment contracts or collective bargaining agreements establish the rates – usually either 50% or 100% of pay or time off). For higher personnel, overtime is typically deemed to be part of their salary. Throughout 16 weeks, employees should work no more than 48 hours a week on average. The employee and employer agree on exact daily and weekly hours. Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training. Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment).

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