![]() Therefore, we recommend you review a list of common exemptions before using the FLSA Overtime Calculator Advisor. An employee who is exempt from the overtime pay requirements is not entitled to receive FLSA overtime pay. The FLSA contains a number of exemptions from its minimum wage and/or overtime pay requirements. The overtime pay requirement cannot be met through the use of compensatory time off (comp time) except under special circumstances applicable only to state and local government employees. The overtime pay requirement may not be waived by agreement between the employer and the employee. FLSA overtime pay is due on the regular pay day for the period in which the overtime was worked. “Nonexempt” means that the covered employee is entitled to the law’s minimum wage and/or overtime requirements. “Covered” means an employee is protected by the FLSA. The regular rate is calculated by dividing the total pay for employment (except for the statutory exclusions) in any workweek by the total number of hours actually worked to determine the regular rate. ![]() The FLSA requires that covered, nonexempt employees in the United States be paid at least the Federal minimum wage for all hours worked and receive overtime pay at one and one-half times the employee's regular rate of pay for all hours worked after 40 hours of work in a workweek. The Fair Labor Standards Act (FLSA) Overtime Calculator Advisor provides employers and employees with the information they need to understand Federal overtime requirements.
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