Overtime Labor Laws

Federal overtime laws, designed to help end the exempt vs. non-exempt debate, have made things worse. To non-exempt and exempt employees, labor laws continue to confuse.

Business Management Daily can help you comply with federal overtime laws. Learn when you have to pay overtime, and when you don’t.

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Just because an employee is called a supervisor and sometimes tells others what tasks to perform, that doesn’t mean she’s an exempt admin­­istrative or executive employee. It’s the actual duties performed day to day that count.

If your business doesn’t operate 24/7, you probably shut down just about everything at some point during the night. That’s especially common with retail operations. If that shutdown includes resetting the time clocks to automatically clock out everyone, you may be courting a lawsuit.

The owners of San Francisco’s Lucky River Restaurant have agreed to fork over $285,732 to eight employees after DOL investigators found they hadn’t re­­ceived minimum wages or overtime pay.
West Covina, Calif.-based G.M. Sager Con­­struction will pay $146,092 in overtime pay to 26 workers it failed to pay properly.
Oil and natural gas giant Shell Oil and refiner Motiva have agreed to pay $4,460,764 to 2,677 workers after the U.S. Department of Labor determined the companies failed to pay workers for required pre-shift meetings.
Q. We have a short-term project coming up that is going to require some of our hourly, nonexempt employees to work some extra weekend hours. We are thinking we might pay them a higher rate to work on the weekends to encourage employees to volunteer and to reward them. Is there anything we should be keeping in mind before we do that?
San Antonio-based Costa Solutions has agreed to pay 63 current and former employees $146,459 in back pay and overtime following a DOL investigation. Costa provides logistics and freight-handling services to retail business, including the H-E-B Grocery chain.
Faced with declining revenues and staff shortages that mean more overtime hours, managers may be tempted to adjust time records to reflect fewer hours worked. But this is a dangerous tactic.

Do you have a time clock system that employees use to record the hours they work? Make sure it allows hourly employees to record the overtime they work. Otherwise, they may later argue that they worked overtime hours and your time-keeping system was designed to discourage them from tracking those extra hours and getting paid overtime.

Q. We frequently have employees turn in time sheets with unapproved overtime—time they spend checking emails and voice mails. Do we have to pay em­­­­ployees for this time even though we have a workplace policy that prohibits unapproved overtime work?
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