Oregon Bureau of Labor & Industries protects employment rights, advances employment opportunities, and ensures access to housing and public accommodations free from discrimination. Employees are also entitled to 11 hours break between shifts and a minimum of 36 consecutive hours of non-work per week. Employees working 5.5 hours are entitled to a 30-minute break at least which can be slipt into two 15 minutes breaks. Employees working more than 10 hours must have at least 45 minutes of break time, which can be split into several intervals of 15 minutes. When the Department of Labor assesses a civil money penalty, the employer has the right to file an exception to the determination within 15 days of receipt of the notice. 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.

• TheHawaii Department of Laborwebsite may have additional specific information on wage laws in the state.
• A computer employee is one who is employed on either a salary or fee basis at no less than $455 per week, or who is paid an hourly wage of no less than $27.63 per hour.
• Overtime pay is required for time worked over 40 hours, but state law exempts a variety of industries, including retailers, hotels, and restaurants, from the overtime rule.
• TheWyoming Department of Workforce Serviceswebsite may have additional specific information on wage laws in the state.
• For information on tip credit, go toTip Credit Notice and Easy Reference Guide.
• Employees of manufacturing establishments must receive overtime after 10 hours in a day.
• Are any amounts excluded from the regular rate of pay?

TheIllinois Department of Laborwebsite may have additional specific information on wage laws in the state. Department of Employment Serviceswebsite may have additional specific information on wage laws in the state. The minimum wage in California is $12.56 per hour and varies annually based on a cost of living formula. The state’s minimum wage applies to the food and beverage, medical, retail, and service industries. Overtime pay is required for hours worked over 40 in a week, over 12 hours in a given day, or over 12 consecutive hours. TheColorado Department of Laborwebsite may have additional specific information on wage laws in the state. The 2021 legislative session included passage of ESSB 5172, a bill expanding the state Minimum Wage Act’s overtime protections to all agricultural workers, including agricultural piece-rate workers.

Agricultural Overtime

Effective Jan. 1, 2022, the Massachusetts minimum wage is $14.25 per hour. Learned professional, in which an employee’s primary duties involve the performance of work that requires advanced knowledge in a field of science or learning. Advanced knowledge is a kind usually acquired by a prolonged course of specialized instruction, and is not acquired on the job itself. Executive, in which an employee’s primary duties involve office or non-manual work directly related to the management of the employer’s operations, and which require the employee to exercise discretion and independent judgment. The records may be kept at the place of employment or in a central records office. The Section 14 Advisor helps users understand the special minimum wage requirements for workers with disabilities. The Overtime Calculator Advisor computes the amount of overtime pay due in a sample pay period based on information from the user.

Whichever calculation results in the greater payment of wages. If you believe your employer owes you overtime, learn how to file an overtime claim in Massachusetts.

Minimum Wage and Overtime Basics

Since Georgia does not have a similar law, the FLSA is the governing law addressing wage and hour and overtime issues for Georgia employees. Paying laborers on a piece-rate basis does not excuse the employers from assuring that workers are paid minimum wage. Again, record keeping is paramount in determining eligibility for exemption from minimum wage and compliance with the minimum wage laws. Therefore, if an employee is paid on a piece-rate basis, the employer still must maintain records of the number of hours worked and whether the wages paid meet the minimum wage when calculated on a per-hour basis.

Is it legal for my employer to flex my hours within one workweek to keep me under 40 hours? For instance, if you work nine hours per day for four work days, you may be scheduled for only four hours on the fifth day of the week to avoid overtime. How is overtime calculated when employees work at different rates of pay in the same workweek?

Employment Law Guide

Again, communicating about the changes, setting clear expectations, and establishing clear policies will help both employers and employees navigate these changes. Again, to determine the regular rate, you add up all the qualifying compensation that an employee earns for the week, and divide by the number of hours worked. It can vary from week to week, and must be calculated every time. If you report to work and are given less than four hours of work, your employer must pay you at your regular hourly rate for the hours worked, and at the regular minimum wage for the remainder of four hours not worked. All salaried employees must be paid overtime unless they meet the test for exempt status as defined by federal and state laws.

Especially with the introduction of the internet and electronic commerce, most workers will be engaged in or affecting commerce and will be protected by the FLSA. Payment for Overtime – An employer may not employ an employee for a workweek longer than 40 hours or for more than eight hours in a day. Should an employer find it necessary to employ an employee in excess of these standards, compensation for such overtime shall be paid at the rate of one and one-half times the regular rate of pay. Virginia law will require overtime pay of one and one-half times the pay rate for any hours over 40 per week.

Can my employer offer me “comp” time off instead of paying overtime? Only government agencies are permitted to offer compensatory time in lieu of overtime. If you are a private sector employee, minimum wage and overtime pay you must received overtime pay when you work over 40 hours in a workweek. Your employer can discipline you for violating its policy by working overtime without the required authorization.

The primary duties you perform must also be exempt to disqualify you from overtime pay. For employees with a flexible schedule, an employer does not need to require an employee to sign in each time she or he starts and stops work. The employer must keep an accurate record of the number of daily hours worked by the employee, not the specific start and end times.

Effective June 1, 2019, employees under 18 years of age must earn at least 85% of the State Minimum Wage Rate. Piece rates and flat rates – Wages paid per unit of work. https://www.bookstime.com/ Employers can mandate overtime work, with the exception of registered nurses and licensed practical nurses . You can contact OAG to report worker misclassification.