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Any hours worked beyond forty (40) in this workweek are subject to overtime pay. It can start on any day of the week and end seven (7) consecutive days later. It does not have to be Sunday to Saturday. Employers must calculate the workweek as a fixed schedule of a continuous, seven-day, 24-hours per day schedule. The overtime requirement is based on total number of hours worked in a given workweek.
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Workplace Discrimination Lawyers Free Consultation You must also satisfy the duties test to be exempt. Just because you are paid a salary of at least $455 per week does not mean that you are automatically exempt from overtime pay.
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The position is paid a minimum of $455 per week and.The position is paid on a salary basis.Under the FLSA, an employee is exempt from overtime pay if: Yes, all non-exempt employees must receive overtime pay for hours worked over forty (40) in a workweek at a rate not less than time and one-half their regular rates of pay. Time between assignments during which the employee is required to wait for their next assignment and.Post-shift work where the employee voluntarily responds to work emails or calls on the employee’s own time.Post-shift work where the employee is asked to clean up or drop off equipment to another site.Pre-shift work where the employee is asked to set up before the start of the employee’s shift.The following are some common examples of times when employees work off the clock but are entitled to pay: Even if it is voluntary and the employee was not forced to work off the clock, it would still nonetheless be illegal for the employee to work off the clock and not be paid for the extra hours worked. Non-exempt salaried employees are often tempted to work off the clock voluntarily to impress their supervisors and avoid costing them overtime. Non-exempt salaried employees are the ones most likely to work off the clock and not be paid. Non-Exempt Employees Working off the Clock When determining whether an employee can use on-call time for personal purposes, courts look at whether there are excessive geographical limitations on an employee’s movements, whether the frequency of calls received or a fixed time limit for response is unduly restrictive, whether the employee could easily trade on-call responsibilities, whether use of a pager could ease restrictions, and whether the on-call policy is based on an agreement between the parties. However, the employee is entitled to on-call pay when the on-call conditions are so restrictive or the calls so frequent that the employee cannot effectively use that time for personal purposes. The on-call time isn’t even compensable if the employee has to carry a pager and report to work within a specific, reasonable time period. This is true so long as the employee is free to engage in personal activities when he or she is on call.
An on-call employee who is not required to remain on the employer’s premises, but is only required to notify the employer where he or she may be reached is not working while on call. Whether time spent on-call is compensable is a very fact-specific question. While all hourly employees are non-exempt, there are both exempt salaried employees and non-exempt salaried employees. Non-exempt employees are entitled to overtime pay and exempt employees are not. However, it is actually the distinction between exempt and non-exempt employees which is relevant for timekeeping purposes. Many employers incorrectly believe that the important distinction for timekeeping purposes is between hourly and salaried employees. Hourly employees are only entitled to be paid for the hours that they actually worked.
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Salaried employees are entitled to receive their full amount of base pay if they work any hours during a work period. The FLSA requires that time records show the date and time a worker’s workweek starts, the number of hours worked each day, and the total hours worked during the week.