Overview: Overtime laws are simple, right? When employees work more than 40 hours in a week, you pay them one and a half times their regular rate of pay, right? An employee who earns $10 an hour must be paid $15 an hour for every hour after 40, right?
While that general rule holds true in most cases, there are many variations that can complicate matters quickly. For example, what if an employee receives a bonus or a commission? In some cases, those payments must be factored in to the regular rate of pay. Or, what if an employee performs different jobs at different rates of pay for the same employer?
Also, not all employees need to be paid overtime on the basis of a 40-hour workweek. Certain unionized employees, medical care providers, police and firefighters can be paid according to alternative work periods as long as 28 days.
In addition, overtime laws vary among the states so it's critical that an employer follow state law when calculating employee overtime.
Trends: Employees continue to file, and win, lawsuits seeking unpaid overtime at a rapid pace. At the same time, the federal government and state labor agencies are enforcing overtime laws more aggressively than ever. There appears to be no end in sight to this trend, and employers should remain vigilant in complying with overtime laws.
Author: Michael Cardman, Legal Editor
With all of the fireworks surrounding the current political climate, some big changes in a major US territory may have flown under the radar. Puerto Rico has dramatically overhauled some key employment laws, and this podcast takes a look with Littler employment attorney Shiara Diloné.
The US Supreme Court will wait to hear a trio of mandatory arbitration cases involving class action waivers in employment until its next term, which does not begin until October. The delay makes it more likely that Supreme Court nominee Neal Gorsuch, if confirmed, will be in a position to cast a possible decisive vote.
Updated to reflect technical assistance from the Oregon Bureau of Labor and Industries requiring payment of daily overtime for employees in mills, factories or manufacturing establishments on top of weekly overtime.
The workplace is evolving at a rapid-fire pace amidst technological, societal and cultural changes and employers need to be ready to meet these changes. So what are the top compliance issues to watch out for in 2017?
The US Supreme Court has agreed to hear a trio of cases involving whether employers can use mandatory arbitration clauses to ban employees from bringing class action lawsuits over workplace disputes. A ruling is expected by the end of the Court's term in late June.
Employers will need to make decisions on how to proceed regarding employee classifications and wages pending the final outcome of the overtime rule.
XpertHR Legal Editors Michael Cardman, Marta Moakley and David Weisenfeld discuss what's likely to change for employers in the wake of the surprising 2016 election, including the ACA, agency enforcement and more.
Updated to remove December 1, 2016, overtime requirements that will not be implemented or enforced.
HR guidance on complying with federal and state employee overtime laws. Support on following rules and regulations regarding this employment law topic.