Q: SHOULD MY BONUS BE INCLUDED IN MY OVERTIME PAY RATE?
A: IT DEPENDS
Everyone knows (or should know) that nonexempt employees must be paid at least time-and-one-half their “regular rate” of pay for all hours worked over 40 in a workweek. What everyone does not always know is what goes into the calculation of a...
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Tag: overtime pay
Oil & Energy Job Layoffs – Don’t Leave Your Unpaid Overtime Behind
With the continued drop in oil prices and drilling activity, an increasing number of energy related employers have been engaging in "cost reduction" efforts, including job cuts and layoffs. The near-term outlook doesn't look much brighter with new job postings for operators, field technicians, inspectors, pumpers, roustabouts and similar jobs down and top...
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I’m salaried. How many hours can my employer require me to work?
The federal Fair Labor Standards Act (FLSA) does not limit the number of hours in a day or days in a week any employee (salaried or hourly) may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old.
What the overtime pay laws dictate is how...
Understanding Overtime Pay
The underlying principle of overtime pay under the Fair Labor Standards Act (FLSA) is that every eligible worker deserves to be paid for his or her labor, and should receive premium overtime reimbursement at or above the rate of 1.5 times the regular wages for working overtime for the benefit of their employer....
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What Does It Really Mean When Your Job is Being “Reclassified”?
FLSA Reclassification From “Exempt” to “Non-exempt”
WHAT DOES IT REALLY MEAN WHEN YOUR JOB IS BEING “RECLASSIFIED”:
Your employer has decided that it has been improperly classifying you as “exempt” and not entitled to overtime pay when it should have been classifying you as “non-exempt” and paying you time and a half for...
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$100,000 in Pay Doesn’t Automatically Mean No Overtime Pay
In a recent decision arising out of an overtime pay case filed on behalf of a class of welding inspectors who earned more than $100,000 in total pay per year, an appeals court addressed the issue of whether or not such earnings were “guaranteed”. If their earnings were not guaranteed, they could not be...
Overtime Pay Issues for Petrochemical Workers as Jobs increase along the Gulf Coast
With the large amount of new projects taking place, a new boom is occurring in the petrochemical business along the Gulf Coast (particularly in Texas and Louisiana), and this means increased competition for the workers needed to build and operate plants. A number of large companies including Exxon, Saudi Basic Industries, Chevron Phillips Chemical,...
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Home Health Care Workers are Entitled to Overtime Pay Starting January 1, 2015
A federal court judge in Ohio has ruled that home healthcare workers are entitled to overtime wages as of January 1, 2015, the original effective date of the rule change for employees performing companionship services. The court found that the Department of Labor’s regulation changes were effective and enforceable as of January 1st even...
Am I Owed Overtime?
The right to overtime pay can be an extremely complicated issue. There are both state and federal laws in place to defend the rights of an employee to overtime pay, but the complexity is such that each individual case must have the circumstances thoroughly examined. We will provide a broad overview of overtime pay...
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5 Common Ways Employers Cheat Employees Out of Overtime Pay
1. SALARY FOR NON-EXEMPT EMPLOYEES
5 Common Ways Employers Cheat Employees Out of Overtime Pay Continue reading…
Many employers claim that all salaried employees are not entitled to overtime pay. This is not true. There are 2 categories of employees - exempt and non-exempt. Exempt employees are those who, due to their job duties, are...
