Tuesday, June 18, 2013

Overtime, and other labor issues

Someone posted this question: "I have a client who has a business with 24 employees. She wants some employees to work more than 40 hours, but can't afford to pay overtime wages. Does anyone have experience with labor laws for these types of businesses? Is she right that she can't have people work more than 40 hours? Any insight or direction you have would be welcome."

Here are a couple sources of information-

Overtime pay
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The Fair Labor Standards Act (FLSA) , which prescribes standards for the basic minimum wage and overtime pay, affects most private and public employment.

Further - Compliance
Employees of firms which are not covered enterprises under the FLSA still may be subject to its minimum wage, overtime pay, recordkeeping, and child labor provisions if they are individually engaged in interstate commerce or in the production of goods for interstate commerce, or in any closely-related process or occupation directly essential to such production. Such employees include those who: work in communications or transportation; regularly use the mails, telephones, or telegraph for interstate communication, or keep records of interstate transactions; handle, ship, or receive goods moving in interstate commerce; regularly cross State lines in the course of employment; or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce or in the production of goods for interstate commerce. (This lists some of the exemptions)

See also this document.

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