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Minimum Wage and Overtime Pay

President Biden can’t just raise the overtime threshold through executive order; to survive legal challenges there are strict rule-making procedures that must be followed. But if his administration acts boldly and decisively, tens of millions of overworked voters will go to the polls in this November’s mid-term elections knowing that a Democratic president just delivered them a well-earned raise. And the higher Biden raises the overtime threshold, the larger the number of Americans who would benefit. If, as your employer, I can convert 2, hour-per-week jobs into 1, hour-per week jobs, then I get to pocket the wages of 400 workers. At the median annual wage that comes to over $20 million, more than enough to buy myself a brand new private jet—every single year. And while I’m jetting around to exotic locations, you’re struggling to arrange childcare to cover all those extra hours you have to put in at work.

According to a 2021 survey by the payroll services giant ADP, North American workers now put in an average of nine hours of unpaid overtime every week—the equivalent of $17,726 a year in stolen income ($35,451 for a two-worker household) at the full-time median wage. Just imagine how much better off the typical middle-class family would be with either a few tens of thousands of dollars a year of additional income—or a few hundreds of hours of reclaimed free time. If you’re under the age of 45, you may have no idea that overtime pay is even a thing.


Different workweeks may be established for different employees or groups of employees. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods.

Publix lawsuit, Florida’s overtime laws: What to do if you’re owed … – Sarasota Herald-Tribune

Publix lawsuit, Florida’s overtime laws: What to do if you’re owed ….

Posted: Tue, 31 Oct 2023 17:39:48 GMT [source]

While employment laws differ across U.S. states, you might find yourself pondering over your specific employment entitlements to ensure they align with the laws of your particular state. Don’t multiply the tipped minimum wage ($8.98) by 1.5, or you’ll underpay employees for overtime. On Oct. 1, the California Department of Industrial Relations (DIR) issued new annual adjusted minimum thresholds for computer software employees who are considered exempt from the state’s overtime requirements under California Labor Code Section 515.5. Salesmen, partsmen and mechanics employed by automobile dealerships are exempt from the
overtime pay provisions of the FLSA. Drivers,
driver’s helpers, loaders and mechanics are exempt from the overtime pay
provisions of the FLSA if employed by a motor carrier, and if the employee’s duties affect
the safety of operation of the vehicles in transportation of passengers or property in
interstate or foreign commerce.

Child Labor Regulations

The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days. There are also no requirements for overtime pay if over a certain number of hours a day are worked, although some states do have daily overtime provisions. Under the FLSA, an employee engaged in an occupation in which they customarily receive more than $30.00 in tips per month is considered to be a “tipped employee”.

Interestingly, there are no federal or state laws that require employers to offer severance pay to employees in North Dakota. This means that your employer is only obligated to provide severance pay if the stipulations of the employment contract or collective bargaining agreement requires them to do so. In such situations, employers must be sure Minimum Wage and Overtime Pay to honor the terms of the agreement to avoid facing any legal consequences. Furthermore, employers in North Dakota are required to issue employees their final paycheck by the next regularly scheduled payday. If an employee is not paid by the scheduled payday, an employer can be charged wages for each day they are in default for up to 30 days.

Administrative Overtime Exemptions

They argue that these alternatives may address the issue of poverty better than a minimum wage, as it would benefit a broader population of low wage earners, not cause any unemployment, and distribute the costs widely rather than concentrating it on employers of low wage workers. Employers are required to follow federal regulations and pay overtime for nonexempt employees who work over 40 hours. Some salaried employees making over a certain amount are considered exempt from minimum wage and overtime regulations.

  • The minimum wage will price the services of the least productive (and therefore lowest-wage) workers out of the market.
  • But sometime around 1975 the prosperity of working Americans was dramatically severed from that of the economy as a whole.
  • President Biden can’t just raise the overtime threshold through executive order; to survive legal challenges there are strict rule-making procedures that must be followed.
  • And if opponents file lawsuits to block it (and they will regardless of the number chosen), the politics are even better, for it gives Biden the opportunity to be seen by voters fighting—and winning—on behalf of the American middle class.
  • In August, the Biden administration proposed raising the threshold for exemption eligibility to include salaried workers making less than about $55,000 annually, or about $1,059 a week, rather than the current $684/week limit.
  • The Act covers enterprises with employees who engage in interstate commerce,
    produce goods for interstate commerce, or handle, sell, or work on goods or materials
    that have been moved in or produced for interstate commerce.

Florida’s General Labor Regulations address a “legal day’s work,” which it defines as 10 hours per day unless a written contract has been signed between the employee and employer requiring fewer or greater hours. The statute only says without such a contract, anyone working over 10 hours labor is entitled to extra pay but what that is remains undefined. An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.

Informal minimum wages

The Department of Labor works with employees to recover back wages plus an equal amount in liquidated damages where minimum wage and overtime violations are discovered. Generally, a 2-year statute of limitations applies to the recovery of back wages and liquidated damages. A 3-year statute of limitations applies in cases involving willful violations by the employer.

Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act. Some states in the U.S. have established their own laws regulating rest and meal breaks, while others do not have specific state laws and instead comply with the federal rules outlined in the FLSA regarding compensation for rest and meal breaks. Understanding your rights concerning hourly employment is not only a matter of legal compliance but is also the key to nurturing your professional development while providing you with the confidence needed to steer your career path. These are the Florida tip laws that apply to any business employing tipped workers. AG Andrea Campbell announced Wednesday that her office has reached a $6.8 million settlement with MGM Springfield in the form of restitution and penalties for wage and hour violations.

This fact sheet provides information on the salary basis requirement for the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 C.F.R. Part 541. Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the statutory exclusions noted above) in any workweek by the total number of hours actually worked.

Minimum Wage and Overtime Pay

Overtime pay, also known as time-and-a-half pay, is a special pay rate of 1.5 times the normal hourly rate that must be paid paid to many hourly employees when they work over a certain amount of time in a given day or week. Overtime is mandated for covered employees under the Fair Labor Standards Act (FLSA), as well as by many state labor departments. This fact sheet provides general information on the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 C.F.R. Part 541.

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