To find out whether or not your 고페이알바 employer is required to pay overtime, first determine if they are covered under the federal Fair Labor Standards Act (FLSA), a federal salary and hours law that sets the overtime rules. Legally, under the Fair Labor Standards Act, passed in 1938, every hour that your worker works in excess of a standard 40-hour workweek is defined as overtime time, and is subject to the overtime compensation rates. The employee then has to be compensated for an additional amount of pay each workweek during which he or she worked overtime, equal to one-half the rate of hourly compensation assigned to overtime for that week multiplied by the statutory number of overtime hours worked in the week.
This amount does not have to be all the compensation received, but it should be a certain amount of pay the employee can expect to receive for any workweek he/she does any work. Whether or not an employee is paid a wage is not affected by whether or not pay is expressed in time-and-a-half terms (as is the rather usual requirement in many computerized wage-and-hour programs), but rather by whether or not an employee actually has some guaranteed minimum amount of pay that s/he can count on. Generally, though, if the employer reduces the employees salary (for taking personal days, for instance, or for failing to hit sales targets), the employee is not paid on a salaried basis, and is entitled to overtime.
This usually means the salary-based employees base pay cannot be reduced if she/he does less than usual if the reason for doing so is determined by the employer. If the job is unavailable for the salaried employee during a portion of a workweek, the employer cannot reduce that weeks salary. There are some circumstances under which the employer can pay the employee paid on a salaried basis less than the full weekly wage–for example, if the employee takes a few days of paid sick or vacation time, or takes leave provided by the Family and Medical Leave Act.
If the employee is paid at least $684 per workweek on a guaranteed wage, and is not paid overtime of one-and-a-half hours worked for more than 40 hours during a workweek, the employer should determine whether the employee is a salary-exempt employee. A public employer can nevertheless choose to effectively pay the hourly overtime rate and one-half, based on an employees normal pay rate, for all hours worked in excess of 40 in a workweek, for employees who are otherwise exempt for one reason or another. A governmental employer may still elect to actually pay time and one-half overtime pay based on an employees regular rate of pay for all hours worked in excess of 40 in a workweek to employees who are not otherwise exempt for some reason. The statutory overtime provisions provide for employers to pay time and a half at their employees normal rate of pay for all hours worked over 12 hours in any workweek, including all hours worked over eight hours on a workweeks seventh day of consecutive work, as well as twice their normal employee rate of pay for all hours worked over 12 hours in a workweeks seventh consecutive workday.
No, the general overtime provisions require that the employee is paid full overtime pay, regardless of any agreement to work at less. For salaried employees who are not exempt, an employer is required to pay overtime wages when the employee works over 40 hours during the course of a week. If the employer is covered under the FLSA, they must pay overtime for all employees who qualify, except those who fall within the exemptions in the Act.
Yes, overtime should be paid unless a worker is employed in agriculture, or he qualifies under the wage-and-hour standard for an exception to minimum wage and overtime for an executive, administrative, or professional. An employers statement that overtime work will not be permitted, or overtime will not be paid unless authorized beforehand, will not also affect an employees right to be compensated for the compensable hours of overtime worked.
If the employee is paid overtime for working a night, evening, or weekend shift, then a night/evening/weekend shift differential should be included in the normal hourly rate to calculate overtime compensation. For employees whose base rate is the same as or lower than the base pay rate in step 1, the overtime hourly rate is the employees base pay hourly rate multiplied by 1.5.
In this case, employers should use a blended rate, or a weighted average of all rates paid, in order to compute overtime pay premiums owed for hours worked over 40 during the workweek. For purposes of overtime compensation, employers of tipped employees must compute overtime compensation in one-half times the employees regular rate of pay, which includes both cash wages paid to the employee and a credit of tips that are considered wages to the employee (for more detailed discussion on the tip credit, please refer to North Carolinas minimum wage information sheet), so that it is equal to at least $7.25 per hour, which becomes the employees regular rate of pay. Unless expressly exempt, employees covered by the act must be paid overtime for hours worked over 40 during the workweek at a rate no less than the time and one-half their regular rate of pay.
For example, the basic wage for salaried employees cannot be reduced when no work is expected to be performed (such as during plant shutdowns or slower periods), and the basic wage for salaried employees cannot be reduced during a partial days absence. Some of the rules of thumb indicating an employee is paid based on a salary basis include whether an employees base pay is calculated as a one-year number divided by the number of pay days during a year, or whether the employees actual compensation is lower during periods when they have worked less than their usual number of hours. An employer may require an employee to use vacation to compensate for days he/she misses, so long as vacation is enough to replace salary he/she otherwise loses.