Content
However, wages must be paid within 20 days of separation (see Minnesota Statutes 181.14). Employees covered by the Fair Labor Standards Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay (1.5x). There is no limit on the number of hours employees may work in any workweek. For the purposes of the minimum wage and overtime exemptions listed here, the payment of piece rates must be „in an operation generally recognized as piecework in the region of production.“ That said, Oregon law also provides a minimum wage exemption for all hand harvesters who are 16 years old and younger, as long as they are paid on the same piece-rate basis as older workers.
If your hours of work are split (not consecutive), or if your shift lasts more than 10 hours, you may be entitled to one additional hour’s pay for the day, at the minimum wage hourly rate for New York. Your employer is required to pay at least the New York basic minimum wage based on location. For farm workers in New York City, Long Island, and Westchester, the minimum wage is $15.00 per hour.
If I am paid on salary do I still qualify for overtime pay?
Yes, managers and supervisors can contribute to a tip pool, however, once contributed only tipped employees may draw tips from a tip pool. Managers, supervisors, or employers can only receive tips from patrons if they provide the entire service on their own, without assistance. Managers and supervisors are employees who meet the duties of an executive according to USDOL FLSA regulations.
Federal law requires that the parent or person standing in place of the parent also be employed on the same farm. Note that „delivering products to storage or to market or to carriers for transportation to market“ is considered agriculture. The term „market“ means the farmer’s market which can include the wholesaler, processor, or distributing agency to which the farmer delivers products. When a delivery involves travel off the farm (which would normally be the case) https://www.bookstime.com/articles/minimum-wage-and-overtime-pay the delivery must be performed by the employees employed by the farmer in order to constitute an agricultural practice. Such employees would be eligible for overtime after working 55 hours in a workweek. However, delivery by an independent contractor for the farmer or a group of farmers or by a „bird-dog“ operator who has purchased the commodities on the farm from the farmer is not an agricultural practice and would not be included in agricultural overtime.
Credit Card and Other Payment Processing Fees
Merely being paid a salary in itself does not exempt an employee from the minimum wage and/or overtime pay requirements. If an employee is paid a guaranteed salary of at least $684 a workweek and is not paid time and one-half overtime pay for hours worked in excess of 40 in a workweek, then the employer must determine to if the employee is a salaried-exempt employee. To make this determination, please review Code of Federal Regulation (CFR) 541, which covers exemptions for executive (supervisors/managers), administrative, professional and outside sales employees. Section 13(a)(1) of the Fair Labor Standards Act provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.
On State or county public construction projects governed by Chapter 104, HRS, Wages and Hours of Employees on Public Works Law, overtime is required after 8 hours a day, and all hours on Saturdays, Sundays, and State holidays. Since Oregon law, another state’s law, and federal law may apply, an employer will want to see which law will pay the employee the most and follow that calculation. Paying the highest amount among the three laws, will ensure that the strictest potential legal requirement is being met.