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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C&H Collins-Hartwell Programs, a Southern California provider of medical day care, must pay 32 employees $344,000 in back pay and damages after the U.S. Department of Labor’s Wage and Hour Division found it only paid straight time to workers who worked more than 40 hours in a week.
With technological advances, just about every job involves using computers or computerized machinery. That doesn’t mean an employee whose job it is to repair such equipment is an exempt computer professional. Fixing things like printers and copiers—even the most technologically advanced ones—is hourly work, making the employee eligible for overtime.
Employers must follow strict rules if they want to rectify misclassification of employees and make up their unpaid overtime. Don’t expect to just cut them a check and put a note on the paystub.
After a series of rulings dismissing overtime claims that didn’t specify exact alleged overtime worked, word is likely to get out that there’s a new, convenient way to track those hours.
The Department of Labor (DOL) has been in the news lately, with a big win in the U.S. Supreme Court and word that it will soon—finally—release new proposed overtime regulation for white-collar employees.
When Department of Labor Wage and Hour Division Administrator David Weil keynoted a gathering of top HR pros on March 24, his official comments carefully avoided the much-delayed, anxiously awaited rewrite of the federal rules governing white-collar overtime pay.
Almost a year ago, Labor Secretary Thomas Perez said the time was long overdue for a rewrite of the rules governing overtime pay under the Fair Labor Standards Act’s executive, administrative and professional exemptions. Prepare to wait a little longer.
Employers must pay hourly employees for all overtime worked, whether it was authorized or not. So what’s the best way to discourage employees from working unauthorized OT?
The long-whispered, unofficial goal had been a February 2015 release of these new overtime rules. February came and went, and Labor Department officials are tight-lipped about when the rules will be released and what’s taking so long.
Do you have clear policies stating that employees can’t work off the clock, must record all hours worked and must report to HR any supervisor who demands early clock-outs? Good! However, that doesn’t mean you’re immune to a wage-and-hour lawsuit.
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