If your employer is refusing to pay for the amount of work you do, it is necessary to be aware of all the protections and rights you hold for combating such situations. Regular as well as overtime workers must operate by following the state and federal Employment laws. These laws decide the conditions and guidelines for payment and work hours. You can get personalized information from wage & hour lawyers.
Here are some of the frequently asked questions about wages and overtime cases.
1. What is the minimum wage?
The minimum wage is the limit set by the federal authorities in the United States regarding salary payment. At the federal level, the minimum wage is $7.25 per hour. Employers are required to Pay this amount or higher for the work done by their employees. If the employer decides to pay a higher amount, the payment agreement is made according to that. If the employer does not pay the salary decided by him on the decided date, he can be challenged for his unfair actions.
Remember, every employer should complete w-2 template to report wages and tips when paying taxes.
2. What is meant by overtime payment?
If nonexempt employees work above the 40-hour weekly limit, they must be paid overtime by their employer. The overtime payment is one and a half times more than their original version eight. Some states allow employees the entitlement for overtime if they come to work seven days a week and more than 40 hours. The employer must give the deserved amount of salary to his or her workers, or else it would be considered a violation that can be challenged in court.
3. What are the break and hour regulations?
Generally, most states follow the regulation of break and hour, which allows all employees a break of 20 minutes or less after every four hours of continuous work. Along with that, they are also entitled to get unpaid lunch break time when they are working shifts that are more than five hours continuously. Employees can challenge employers and seek compensation if they are forced to work during their break time.
4. Can you be compensated for unpaid wages?
If you are not paid the deserved amount, which is why your employer, you are entitled to take the required legal steps against your employer. The available legal remedies will help in recovering the amount of wage. If you take the case to court and win it, you are also provided with a word of interest as decided by the law. If the lawyer intentionally did not pay the wages, he will be required to pay double the amount of unpaid wages to recover liquidated damages as per federal laws. You may get additional compensation if the judge grants your employer penalties.
5. Exempt and Non-Exempt: What Do They Mean?
“Exempt” indicates that an employer is excluded from being required to pay the additional premium with reference to a certain employee. When an employee is classified as “non-exempt,” it indicates that they must be compensated the premium rate if they spend more than forty hours per week.
The overtime regulations have numerous exemptions, some of which are both broad and specific. It is crucial to understand that an employee must be paid on a wage basis and perform tasks deemed exempt by law to qualify for the exemption.
6. How is overtime pay calculated throughout the week?
If a non-exempt worker works more than 40 hours in a workweek, they should always be paid the standard time and a half. When employees are paid every alternate week or bimonthly, there can be some confusion regarding how to count a week.
Any 1 span of seven successive days counts as a week for the purposes of overtime. For the majority of employers, this typically runs from Sunday to Saturday. It must begin on the exact same day each week; it need not begin on a Sunday.
Although, if you are compensated every two weeks as opposed to weekly, overtime is still not averaged across several weeks.
7. Who is Exempt from Working Overtime?
All hours exceeding 40 in a single week must be compensated at the standard time and a half for those who are not excluded from overtime restrictions.
It can be challenging to distinguish between exempt and non-exempt individuals. According to the general rule, in order to be excluded from overtime laws, you must meet the following requirements:
- be paid on a salary basis, which means that your payment is not affected by the number of hours you work
- make a minimal amount of $684 each week, or $35,568 per year
- carry out primary duties exempt from overtime requirements under state and federal laws.
You must be aware of the following:
- Regardless of what your responsibilities are, you are eligible for overtime pay if you are not compensated on a salary basis.
- Regardless of your duties or whether you are compensated on a salary basis, you are eligible for overtime if your earnings fall below the minimum threshold of $684 per week or $35,568 per year.
- Although the concept of “non-exempt duties” is very fact-specific, it typically refers to employees who hold managerial or supervisory positions, are licensed professionals, or work in administrative capacities requiring significant responsibilities and sound judgment.
8. Are Highly Compensated Workers Exempt From Working Extra Hours?
For “highly compensated employees,” there is a more lenient criterion under both Massachusetts law and the FLSA. According to the FLSA, “highly compensated” people make at least $107,432 annually and, under Massachusetts law, $100,000 annually.
If only one of the criteria for the legitimate executive, administrative, or professional exemptions is met, and if the job involves non-manual office work, then these personnel are regarded as exempt.
The administrative exemption, for instance, typically calls for the employee to undertake non-manual work exclusively associated with the company’s management or overall business operations and to exercise discretion and good judgment on topics of significance in their line of work. A generously compensated employee might be excused if just one of these two conditions was satisfied.