Most non-exempt employees in the US earn overtime pay (at 1.5x their regular rate of pay) after 40 hours in a workweek. So, it’s easy to think that if that employee works 46 hours, 6 of those hours would count towards overtime pay. But what happens when some of those hours are vacation or sick hours? Will that affect the employee’s overtime calculations? Yes.
If an employee needs to receive back pay, this means that the employee wasn’t compensated correctly for their work. An employee may be owed back pay for bonuses, promotions, pay increases, or for hours they worked. Whatever the case may be, back pay is something that employers need to take seriously and handle in a timely manner.
Here’s what you need to know:
When closing payroll periods, accuracy is key! Timesheets.com has built-in warnings and hard-stops to highlight possible errors, so you can correct them prior to paying staff.
Overtime rules in the United States are generally simple. According to the Fair Labor Standards Act, non-exempt employees who work over 40 hours a week earn 1.5x their normal rate of pay for overtime hours. If employees earn multiple pay rates during their shifts (perhaps due to different positions they may have within a company), business owners must calculate their regular rate of pay for overtime and pay their workers accordingly. If you’re in a state like California, overtime becomes a little more complicated. Employees in California earn daily overtime and may even earn double time depending on how many hours they work. Not only that, but other overtime rules apply when employees are on an Alternative Workweek Schedule.
The holiday season is among us, which means that it’s the season for raises, bonuses, and more. A lot of employees have expectations this time of year because many employers provide extra perks. Employers might give extra pay as incentive to work during the holidays, cash bonuses, extra time off, and more. With all of these different policies implemented by businesses, employees aren’t sure what they’re actually entitled to. What can employees expect when they work on a holiday?
If you are a non exempt employee or you have non exempt employees in the US, times are about to change! Since 2004, overtime threshold rules have stayed the same. This means that the cost of living threshold increased and the requirements for overtime did as well. The Obama administration took up the issue and directed changes to overtime laws that would have expanded the number of eligible workers. However, the Trump Administration prevented those changes. Nearly 3 years later, the rules are finally slated to change, but severely watered down from the previous plan.
On Sept. 24th, 2019 the US Department of Labor (DOL) announced their final overtime rules that will affect many Americans. In fact, the new overtime rule will make overtime pay available to over 1.3 million workers and will provide an estimated $298.8 million in additional pay. The new overtime rules will become effective officially on Jan 1st, 2020. Here’s what you need to know:
Many businesses have employees that get paid multiple pay rates during their shift. This happens when they perform more than one specific job function. For those employees, the hourly rate depends on the job they are working on at the time. Hourly rates by job can vary when employees work in the construction, plumbing, caretaking, landscaping, and many other industries. When you have an employee that works under different rates, you need to make sure that you are calculating their regular pay rate properly for overtime. Unless your employee is specifically exempted, employees working at more than one job rate covered by the FLSA must receive overtime pay at their regular rate and not at the specific rate for the job they are doing when overtime is incurred.
Timesheets.com has a handy calculator for simple regular rate calculations when there are two rates for two different jobs.
Let’s face it: there are a lot of regulations to follow when it comes to owning a business. Following all the applicable laws can be tough. Although it can be time consuming, you should make sure that you are always following the latest legal protocol. The best way to avoid these pitfalls is to hire an HR consultant to keep you on the right path. However, not every business can afford someone like that, so you should know where to go if you’re the self-help type of business owner. A good place to start is the Fair Labor Standards Act (FLSA) website. The FLSA establishes standards for minimum wages, overtime pay, record keeping, and child labor. So, what are some common pitfalls employers run into that lead to underpaying employees?