Biden’s new overtime pay proposal: everything you need to know Los Angeles Times

A skilled attorney familiar with FLSA law and wage theft case law is essential to protect your rights as an employee. You also want a lawyer that is more than just qualified but has extensive experience representing individuals in your predicament. Your first step in filing an unpaid overtime complaint is to contact a seasoned wage and hour attorney familiar with the laws of your state and the FLSA.

The proposed rule would better ensure that these low-paid salaried workers who are not exempt ” will gain more time with their families or receive additional compensation when working more than 40 hours a week.” Where an employee is subject to both the state and Federal overtime
laws, the employee is entitled to overtime according to the higher standard (i.e., the
standard that will provide the higher rate of pay). Any wage and hour attorney you approach about your case should provide a free initial consultation to assess your overtime case. Legal professionals in this area of law generally won’t require any payment upfront for their services either.

Computation of total compensation for 8 and 80 overtime system

However, Michigan’s overtime law applies to employers with two or more employees. However, the state does consider hours worked beyond eight in a workday overtime if the work is performed on a State or county public works construction project. Some state laws cover employees who aren’t covered under federal law. And, some state laws are stricter, triggering overtime pay if an employee works beyond a certain number of hours in a day. The FLSA, with some exceptions, requires bonus payments to be included as part of an employee’s regular rate of pay in computing overtime. The Fair Labor Standards Act (FLSA or Act) is administered by the Wage and Hour
Division (WHD).

It’s not uncommon for a company to purposely misclassify an employee as exempt from overtime to save on payroll costs. Misclassification often involves claiming that the Overtime Pay U S. Department of Labor worker is an independent contractor and not protected under FLSA guidelines. Take a look at a brief description of each state’s overtime rules (or lack thereof).

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Because the federal law is 40 hours, follow the FLSA if you’re covered under it. The Fair Labor Standards Act (FLSA) requires covered employers to pay nonexempt employees at least the federal minimum wage of $7.25 per hour effective July 24, 2009, for all hours worked and overtime pay for hours worked over 40 in a workweek. The FLSA does not require an employer to pay overtime pay on weekends, holidays, and/or regular days of rest unless the employee has already worked 40 hours. Some states provide more worker-friendly legal approaches to mandatory overtime.

For most firms, a
threshold of $500,000 in annual dollar volume of business applies to be covered
(i.e., the Act does not cover enterprises with less than this amount of business). “If their employers want to keep working them more hours than 40, they’re going to get more money,” Conti said. “Or, if their employers don’t want to pay them more money, then these workers are only going to work 40 hours a week — and they’re going to get their lives back.” Jessica Looman, who heads the Labor Department office that enforces wage laws, said the proposed rule was necessary to ensure that workers are fairly compensated. The federal minimum wage is $7.25 per hour for workers covered by the FLSA. In addition to these penalties for intentionally misclassifying an employee to exempt them from overtime pay, the person who committed the act is also personally liable.

U.S. DEPARTMENT OF LABOR

The Act establishes standards for minimum wages, overtime pay,
recordkeeping, and child labor. These standards affect more than 135 million workers,
both full time and part time, in the private and public sectors. “Many low-paid salaried employees work side-by-side with hourly employees, doing the same tasks and often working over 40 hours a week,” the Labor Department Wednesday statement said. “But because of outdated and out-of-sync rules, these low-paid salaried workers aren’t getting paid time-and-a-half for hours worked over 40 in a week.”

• Restrictions apply in the manufacture of knitted outerwear, gloves and mittens, buttons and buckles, handkerchiefs, embroideries, and jewelry (where safety and health hazards are not involved).
• Several states including California and New York have salary thresholds for determining overtime eligibility that are higher than the current federal standard.
• The state overtime law in Massachusetts follows federal overtime laws in that it requires overtime for hours worked beyond 40 in a workweek.
• When both this Act and a state law apply, the law setting the higher standards must be observed.

That means all but the smallest of businesses must adhere to the rules. WASHINGTON – The U.S. Department of Labor today announced a notice of proposed rulemaking that would restore and extend overtime protections to 3.6 million salaried workers. The proposed rule https://quickbooks-payroll.org/ would guarantee overtime pay for most salaried workers earning less than $1,059 per week, about $55,000 per year. There is one important exception to mandatory overtime requirements. This occurs if forced overtime would cause safety issues for employees.

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If an exception is filed, it is referred to an Administrative Law Judge for a hearing and determination as to whether the penalty is appropriate. 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. The administration estimates that 3.4 million workers will benefit from the change. Ken Jacobs, chairman of the UC Berkeley Center for Labor Research and Education, said he expected the fast-food and retail industries where supervisory wages are low to be affected the most.