Hourly rate (regular wage rate for an hourly paid employee) – If more than 40 hours are worked, at least one and a half times the regular rate is due for each hour of more than 40 hours. Piece work – A pieceworker`s regular rate of pay is obtained by dividing total weekly earnings by the total number of hours worked that week. The employee is entitled to an additional half of this regular rate for each hour of more than 40 hours plus full piecework wages. In agriculture, the permitted jobs and working hours by age are as follows: The provisions of the FLSA relating to child labour are intended to protect the educational opportunities of minors and to prohibit their employment in professions and under conditions prejudicial to their health or well-being. These provisions include restrictions on working time for minors under 16 years of age and lists of hazardous work ordered for agricultural and non-agricultural activities declared too dangerous for minors by the Minister of Labour. For more information on prohibited professions, please contact www.dol.gov/agencies/whd/youthrules. If reducing your working hours violates your labor rights, you could have a matter of pay and hour. The government could fine a company or pay penalties. Is it legal for an employer to reduce the salary or hours of an hourly worker? Work week – A work week is a period of 168 hours divided into 7 consecutive 24-hour periods.
It can start on any day of the week and at any time of the day determined by the employer. In general, for minimum wage and overtime pay purposes, each work week stands out; There can be an average of 2 weeks of work or more. Employee coverage, compliance with wage payment requirements, and the application of most exceptions are determined on a workweek basis. The wages required by the FLSA are payable on the regular pay day of the covered salary period. Deductions from wages for items such as shortages of money or goods, employer-imposed uniforms and craft tools are not legal to the extent that they reduce workers` wages below the minimum rate required by the RSA or reduce the amount of overtime pay due under the RSA. Created by FindLaw`s team of writers and legal writers| Last updated March 31, 2020 Section 13(a)(1) of the RSA requires the payment of at least $684* per week on a “salary basis” for persons employed as exempt officers, administrative employees or qualified employees. See fact sheet #17G. A salary is a predetermined amount that represents all or part of the employee`s compensation and is not reduced due to variations in the quality or quantity of work performed. As of January 1, 2020, employers can use non-discretionary bonuses and incentive payments (including commissions) made annually or more frequently to reach 10% of standard salary. If you are not exempt from the RSA regulations and you are an hourly employee, your hours may be reduced.
But even a small business with fewer than 100 employees needs to explain how reduced working hours will affect you. Hours worked – Insured employees must be paid for all hours worked in a work week. In general, “hours worked” include all periods during which an employee is to be employed either on the employer`s premises or at another prescribed place of work from the beginning of the first main activity of the workday to the end of the last main occupational activity of the working day. Also included is any overtime during which the employee is authorized to work (i.e. involuntary or authorized). The FLSA is enforced by investigators stationed throughout the country. As authorized representatives of WHD, they conduct surveys and collect data on wages, hours of work and other terms and conditions of employment to determine compliance with the law, regardless of the immigration status of workers. If violations are detected, they recommend changes in employment practices to persuade an employer to comply. Can an employer make a potential wage reduction for an employee exempted due to the economic downturn? If, under the employment contract, a wage sufficient to meet the minimum wage requirement for each working week is paid as direct working time for the number of hours worked in a working week, the normal rate is obtained by dividing the wage by the number of hours worked per week. Suppose an employee`s hours of work vary each week and the agreement with the employer states that the employee receives $480 per week for the required number of hours worked. Under this agreement, the regular rate varies in additional weeks. If the employee works 50 hours, the regular rate is $9.60 ($480 divided by 50 hours).
In addition to the salary, half of the regular rate, $4.80, is due for each of the 10 hours of overtime, for a total of $528 for the week. If the employee works 60 hours, the regular rate is $8.00 ($480 divided by 60 hours). In this case, an additional amount of $4.00 is due for each of the 20 hours of overtime, for a total of $560 for the week. A minimum wage of at least $4.25 per hour is paid to workers under the age of 20 during their first 90 consecutive calendar days with an employer. Employers are prohibited from taking steps to crowd out workers in order to hire minimum wage workers for youth. Partial evictions such as reductions in employees` working hours, wages or benefits are also prohibited. An employer can amend its collective agreement with an employee at any time, regardless of the original collective agreement and without the employee`s permission. There are certain requirements that an employer must meet under the NC Wage and Hour Act in order to make changes to its collective agreements, including reducing an employee`s salary or benefits: All employees of certain enterprises whose employees engage in interstate trade, manufacture goods for interstate commerce, or handle, sell or otherwise work on goods or materials; moved or manufactured by a person for this trade are covered by the FLSA.
Another way to pay piecework workers for overtime is to pay one and a half times the piece rate for each piece produced during overtime. The piece rate must be that actually paid during overtime and must be sufficient to reach at least the minimum hourly wage. Whether on-call time corresponds to hours of work under the RSA depends on the circumstances. In general, facts may show that the employee was hired to wait (which is working time) or facts may show that the employee was waiting to be hired (which is not working time). The RSA does not require employers to pay non-exempt workers for hours they did not work. The RSA requires employers to keep records of wages, hours of work and other items in accordance with DOL records regulations. Most of the information is of the type generally retained by employers in normal business practice and in accordance with other laws and regulations. Records do not need to be kept in a specific form and clocks do not need to be used. For an employee who is subject to minimum wage regulations or minimum wage and overtime pay provisions, the following records must be kept: The employer must pay the exempt employee the predetermined total amount of wages “freely and clearly” for each week in which he or she is employed, it doesn`t matter how many days or hours you work.