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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Q. We have an hourly employee who does clerical work during her normal 40 hours. She would also like to start cleaning the office two nights per week. Since these are two separate jobs, would she get overtime or could it be a separate payment?

Arlington-based Espitia Cleaning Inc. agreed to pay $53,095 in back wages to 130 current and former janitors following a U.S. Department of Labor investigation.
Houston’s Ocean Palace Restaurant settled a “palace revolt” of sorts by paying the princely sum of $125,763 in back wages to 61 current and former kitchen and wait staff, cashiers, hostesses, runners, cart pushers, busboys and dishwashers.
Q. Our policy says employees who work on holidays are paid time-and-a-half. If an exempt employee works on a holiday, can I pay him time-and-a-half?
A lawsuit against home health care and hospice provider Amedisys seeks national class action status and challenges the way the company pays its visiting nurses and home health care aides. The company operates in 41 states, including North Carolina.
The DOL has filed a lawsuit against three Houston-based ambulance companies—Pride EMS, Allyn Medical EMS and North Cypress EMS—and their common owners, seeking an injunction for alleged Fair Labor Standards Act violations.
Giving someone a fancy title doesn’t make him an exempt employee who’s ineligible for overtime pay. Real duties determine exempt status.
An ice cream parlor franchisee will pay almost $31,000 to 12 employees following a U.S. Department of Labor investigation that found that the Marble Slab Creamery shops violated the Fair Labor Standards Act by failing to pay overtime.

Q. Is there a law that states the number of hours necessary to be considered full time for being eligible for paid holidays? Our handbook says an employee who works fewer than 40 hours a week is considered part time. An employee who works 34 hours a week wonders if he should be eligible for paid holidays. Our handbook says he’s not. Is that OK?

Q. Sometimes, our employees work overtime and we note those hours in an overtime bank so they can take time off later. One of our employees claims this is illegal and that we have to pay him. Is that true?

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