Regulations like ‘Federal Minimum Wage’ and ‘Overtime’ apply in the state of Alabama. Alabama does not hold a state-specific overtime law.

What is the minimum wage in Alabama?

The minimum wage in Alabama is $7.25 per hour. Alabama does not have its own wage plan, we adhere to the federal.

Who handles the Wage & Hour Laws?

The State of Alabama Department of Labor does not have any wage and hour laws other than the law pertaining to the payment of wages. Section 25-3-4 states that the department will investigate and attempt to collect on wage claims. This office attempts to collect wages for employees who have worked and have not received their pay. With regard to other wage & hour laws such as overtime, minimum wage and salaried/hourly contact the U. S. Department of Labor, Employment Standards Administration at their website “www.dol.gov/esa”.

Does Alabama have Prevailing Wage Rate Information?

The State of Alabama Department of Labor no longer has prevailing wage rates, they were discontinued in 1980. The U. S. Department of Labor does enforce the Davis Bacon rates, which are equal to the prevailing wage rates. You can contact the U. S. Department of Labor-Wage & Hour Division at their website, “www.dol.gov/esa”.

In Alaska, overtime compensation is 1 1/2 times the employee’s straight-time rate of pay, and eligibility depends on factors such as (a) hours worked: over 8 per day or 40 straight-time hours per week; or (b) employees must work at an employer that employs four (4) or more employees.

Minimum Wage

Alaska's current minimum wage rate is $7.15.  Alaska Dept. of Labor FAQs.  On January 1, 2010, the minimum wage rate will increase to $7.75. Someexceptions apply.  See Alaska DOL Summary of Wage and Hour Laws.

Alaska employers must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.  See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal orstate, that results in the employees being paid the higher wage.  In most instance in Alaska, the federal minimum wage law will apply as it generally guarantees a higher wage rate for employees than state law.  On January 1, 2010, the higher Alaska rate will normally apply.

Overtime

Alaska requires employers with 4 or more employees to pay employees overtime at a rate of 1 1/2 time their regular rate when they work more than 40 hours in a workweek or 8 hours in a workday.  Some exceptions apply.  Alaska DOL Wage and Hour Summary.  An employer must also comply with federal overtime laws. See FLSA.  Federal law will apply in cases where it benefits employees more, otherwise state law applies.

The federal minimum wage and overtime regulations currently apply in the State of Arizona. There is no state-specific Arizona Overtime Law.

Minimum Wage

Arizona's current minimum wage is $7.35. AZ Industrial Commission FAQs.  Some exception may apply.

Arizona employers must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.  See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.  Because Arizona's wage rate is the same as the federal rate, an employer is compliance with both laws if it pays employee's a minimum of $7.35.

Overtime

Arizona does not have laws governing the payment of overtime.  Federal overtime laws apply.  See FLSA: Overtime for more information regarding overtime requirements.

Under Arkansas Overtime Law, most Arkansas employees are entitled to overtime premium pay of time and a half their regular rate of pay for all hours over 40 in a workweek. The Arkansas Overtime Law does have several exemptions however, like the Federal Overtime Law.

Arkansas Minimum Wage Law

Effective October 1, 2006, the minimum wage in Arkansas was increased to $6.25. ALL employers having four or more employees must pay this wage, even employers covered by federal minimum wage and overtime laws. The minimum wage for tipped employees is $2.63 per hour as long as tips added to that bring the wage up to $6.25 per hour.

Arkansas Work Time and Breaks

Breaks of less than 20 minutes are considered work time, and the employer must pay the worker for those breaks. Neither state nor federal law requires an employer to provide a break or a meal period.

Arkansas Time For Payment Of Wages

Workers who are fired by a corporation must be paid their last paycheck within seven days of being fired, if demanded. In all other cases, payment must be made at the regularly scheduled payday.

Arkansas Overtime Law

Under Arkansas Overtime Law, most Arkansas employees are entitled to overtime premium pay of time and a half their regular rate of pay for all hours over 40 in a workweek. The Arkansas Overtime Law does have several exemptions however, like the Federal Overtime Law.

California Overtime Law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to an including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee’s regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

1. One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek.
2. Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

There are, however, a number of exemptions from the overtime law. An "exemption" means that the overtime law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An "exception" means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.

In Colorado, an employee must reach 12 hours in a workday before being eligible for overtime compensation. Overtime compensation in the state of Colorado is 1.5 times the regular rate of pay.

Colorado Minimum Wage

The Colorado Minimum Wage is $7.28 per hour for all adult employees and emancipated minors, as of January 1, 2009.

Minimum Wage Credits and Exceptions

• 1. Up to $25 per week for lodging furnished by the employer may count towards the Colorado Minimum Wage.

• 2. Reasonable cost of meals provided to the employee may count towards the Colorado Minimum Wage.

• 3. Unemancipated minors under 18 may be paid $6.19 per hour.

• 4. Employees with physical disability certified by the Director may be paid $6.19 per hour.

• 5. Deductions from wages must be in accordance with the Colorado Wage Act.

Colorado Tipped Minimum Wage

As of January 1, 2009, the Colorado Tipped Minimum Wage is $4.26 per hour ($7.28-$3.02). No more than $3.02 per hour in tip income may be used to offset the minimum wage of tipped employees.

An employee engaged in an occupation where he or she customarily and regularly receives more than $30 per month in tips is defined as a tipped employee.

Employers must pay a wage of at least $4.26 per hour. If tips combined with wages do not equal minimum wage, the employer must make up the difference in cash wages.

Employer-required sharing of tips with employees who are not customarily tipped nullifies tip credits towards minimum wage.

Deduction of credit card processing fees from tipped employees nullifies tip credits towards minimum wage.

Colorado Overtime Law

In general, non-exempt employees covered by the Wage Order must be paid time and one-half their regular rate of pay for any work in excess of:

• 40 hours per workweek.

• 12 hours per workday.

• 12 consecutive hours without regard to the start and end time of the workday.

Each employer shall pay 1-1/2 times the employee’s regular rate of pay after 40 hours in the workweek. Overtime pay is due for actual hours worked over 40. Connecticut Overtime Law does not require employers to pay overtime on a daily basis, weekends, or holidays except by agreement.

A.  Connecticut's minimum wage: $8.25 per hour.

B.  Connecticut's Overtime Pay.

Each employer shall pay 1-1/2 times the employee's regular rate of pay after 40 hours in the workweek. Overtime pay is due for actual hours worked over 40.

• No requirement to pay overtime on a daily basis, weekends, or holidays except by agreement.
• There are some specific exceptions to overtime pay. For example:
  • agricultural employees.
  • executive, administrative, professional employees as defined by the Labor Commissioner.
  • any salesman primarily engaged in selling automobiles.
  • any driver or helper where the U.S. Secretary of Transportation has the power to establish qualifications and minimum hours of service.
  • any outside salesperson as defined by the Fair Labor Standards Act.
     

C.  Wage Payment Requirements.

• Weekly Pay Requirement.
  Each employer shall pay weekly all moneys due each employee on a regular payday, designated in advance by the employer in cash or negotiable check or upon the employee's written request, by credit to such employee's bank account.
   
• Payment on Termination.
  The employer shall pay an employee who voluntarily terminates or is laid off on the next regular payday. If an employee is discharged all wages are due the next business day.

1. How do I obtain a waiver from the weekly pay requirement?

A letter or e-mail should be sent to the Director of the Wage and Workplace Standards Division describing the reason for the change and the desired frequency. Most requests are for a bi-weekly payroll. Thirty days notice should be given to employees affected by the change.
 

2. How do I receive permission to deduct from wages for specific reasons?

The employer can submit a sample deduction form to the Wage and Workplace Standards Division for consideration. Typical deductions are for employee loans or purchase, credit union, uniforms, and advances on fringe benefits.
 

3. Does paying an employee by salary exempt them from overtime and record-keeping requirements?

No, the employee must meet the definition of an executive, administrative, or professional employee as defined by the Labor Commissioner. The employee must meet both a duties test and salary test. (See section 31-60-14,15,16 of the Administrative Regulations).

Delaware does not currently have a state-specific overtime law. Delaware follows the Federal Overtime Law.

How much overtime pay do you deserve?

For each hour worked over 40 hours, pay should equal at least one and a half times the employee’s regular rate of pay. Here are some examples of how to calculate overtime pay based on how you are paid during a 40-hour workweek:

Hourly rate

• If more than 40 hours are worked, at least one and a half times the regular rate for each hour over 40 is due.

• Example: An employee paid $8.00 an hour works 44 hours in a workweek. The employee is entitled to at least one and a half times $8.00, or $12.00, for each hour over 40. Pay for the week would be $320 for the first 40 hours, plus $48.00 for the four hours of overtime--a total of $368.00.

Piece rate

• The regular rate of pay for an employee paid on a piecework basis is obtained by dividing the total weekly earnings by the total number of hours worked in that week. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the full piecework earnings. Another way to pay pieceworkers for overtime, if agreed to before the work is performed, is to pay one and a half times the piece rate for each piece produced during the overtime hours. The piece rate must be actually paid during non-overtime hours and must be more than the minimum wage.

• Example: An employee paid on a piecework basis works 45 hours in a week and earns $315. The regular rate of pay for that week is $315 divided by 45, or $7.00 an hour. In addition to the straight-time pay, the employee should also receive $3.50 (half the regular rate) for each hour over 40 -- an additional $17.50 for the 5 overtime hours -- for a total of $332.50.

Salary

• Generally speaking, salaried employees are not due overtime under the FLSA. However, there are some common employer mistakes which may entitle you to overtime. See a review of [(salaried)] employee problems at OvertimeScams.us. If you are entitled to overtime, you would calculate the rate of pay by dividing the regular salary by the number of hours for which the salary is intended to pay. If, under an employment agreement, a salary meets the minimum wage requirement in every workweek and is paid as straight time for whatever number of hours are worked in a workweek, the regular rate is obtained by dividing the salary by the number of hours worked each week.

• Examples: An employee's hours of work vary each week and the agreement with the employer is that the employee will be paid $420 a week for whatever number of hours of work are required. Under this agreement, the regular rate will vary in overtime weeks.

1. If the employee works 50 hours, the regular rate is $8.40 ($420 divided by 50 hours). In addition to the salary, half the regular rate, or $4.20 is due for each of the 10 overtime hours, for a total of $462 for the week.
2. If the employee works 60 hours, the regular rate is $7.00 ($420 divided by 60 hours). In that case, an additional $3.50 is due for each of the 20 overtime hours, for a total of $490 for the week. If a salary is paid on other than a weekly basis, the weekly pay should be determined in order to compute the regular rate and overtime pay.
3. If the salary is for a half month, it must be multiplied by 24 and the product divided by 52 weeks to get the weekly amount. A monthly salary should be multiplied by 12 and the product divided by 52.

Bonus, Productivity Bonus, or Shift Pay

• If you have been paid a bonus based on productivity or some other premium for working a particular shift, depending on the circumstances that additional pay could be included in the calculation of what should be multiplied by “time and a half.”

• Example: An employee makes $12.00 per hour “base pay.” The employee receives a shift pay bonus of $250.00 for the week. The actual rate of pay for overtime calculation pay purposes is $18.25 per hour and not $12.00 per hour. If the employee worked an additional 10 hours, the gross overtime pay due the employee should be $273.75 (10 hours times $18.25 per hour regular pay times “time and a half”) and not $180.00 (10 hours times $12.00 per hour regular pay times “time and a half”).

Regular Rate

Overtime does not have to be paid for more than eight (8) spent working in a day, although many employers do this as an incentive. Rather, federal requirements look at an entire work week, usually a fixed period of 168 hours or seven consecutive 24-hour work periods.

Overtime pay is usually 1 ½ the regular rate of pay in effect for that workweek. This is not limited to the standard pay for an employee. Regular rate of pay may include supplemental payments made such as shift pay, bonuses, and commissions. Plus, if the employee worked at several different rates of pay, the different rates of pay should be averaged over the week to determine the actual rate of pay for overtime calculations.

The employer must divide the total earnings for the week by the total hours to find the effective rate of pay and use that amount to calculate the overtime premium rate. Note: Federal regulations can contain special exceptions for certain situations.

Hours Worked

Covered employees must be paid for all hours worked in a worked. In general, “hours worked” includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work. Also included is any additional time the employee is allowed or permitted work.

Workweek

A workweek is a period of 168 hours during 7 consecutive 24-hour periods. It may begin on any day of the week and at any hour of the day established by the employer. Generally, for purposes of minimum wage and overtime payment each workweek stands alone; there can be no averaging of 2 or more workweeks. Employee coverage, compliance with wage payment reuirements, and the application of most exemptions are determined on a workweek basis.

Presently there is no state-specific Florida Overtime Law. Florida employers are therefore required to follow the Fair Labor Standards Act (FLSA).

Minimum Wage

Florida's current minimum wage rate is $6.79. FL Agency for Workforce Innovations.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.   FLSA: Minimum Wage.  Some employers and employees are exempt from the federal minimum wage law. FLSA: Minimum Wage.  These same exemption apply to the Florida minimum wage, as well. FL Agency for Workforce Innovations.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.  In most instance in Florida, the federal minimum wage law will apply as it generally guarantees a higher wage rate for employees than state law.

Overtime

Florida does not have laws governing the payment of overtime.  Federal overtime laws apply.  See FLSA: Overtime for more information regarding overtime requirements.

The state of Georgia abides by the Federal Overtime Law, seeing as there is no state-specific Georgia Overtime Law.

Minimum Wage

Georgia's current minimum wage rate is $5.15.  GA Code  § 34-4-3.  Some exceptions apply.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.  See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.  In most instance in Georgia, the federal minimum wage law will apply as it generally guarantees a higher wage rate for employees than state law.

Overtime

Georgia does not have laws governing the payment of overtime. GA Dept. of Labor FAQ.    
Federal overtime laws apply.  See FLSA: Overtime for more information regarding overtime
requirements.

Hawaii requires employers to pay employees overtime at a rate of 1 1/2 time their regular rate of pay when they work over 40 hours in a workweek.

Minimum Wage

Hawaii's current minimum wage rate is $7.25.  HI Wage and Hour Laws.  Some exceptions apply.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.  See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.  Because Hawaii's wage rate is the same as the federal rate, an employer is compliance with both laws if it pays employee's a minimum of $7.25.

Overtime

Hawaii requires employers to pay employees overtime at a rate of 1 1/2 time their regular rate of pay when they work over 40 hours in a workweek. HI Wage and Hour Laws.  Federal overtime laws may also apply.  For federally-defined exemption and other federal overtime laws see FLSA: Overtime.

Unless specifically exempt under the provisions of the federal law, salaried employees must be paid time and one-half for all hours worked in excess of 40 hours in a workweek.

Minimum Wage

Unless specifically exempt, all employees subject to the provisions of the Idaho Minimum Wage Law must be paid at least $7.25 per hour effective July 24, 2009. The federal minimum wage increased to $7.25 per hour effective the same date.

A “TIPPED EMPLOYEE” means any employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips. To determine the wage of tipped employees, an employee’s tips combined with the employer’s cash wage must equal the minimum hourly wage. If it doesn’t, the employer must make up the difference. It shall be the employer’s burden to demonstrate the amount of tips actually received by the employee.

Any portion of tips paid to an employee, which is shared with other employees under a tip pooling or similar arrangement, shall not be deemed, for the purpose of this section, to be tips actually received by the employee; therefore, only the portion of tips actually retained by the employee may be counted toward the tip credit. The minimum tipped wage in Idaho is $3.35 per hour effective July 24, 2007.

It is important to note that the Idaho Minimum Wage Law applies to all Idaho employers unless they meet the specific exemptions under Idaho Code §44-1504.

Even though businesses come under the exemptions for paying minimum wage by meeting the dollar volume test of the Fair Labor Standards Act, they are still subject to the provisions of the Idaho Minimum Wage Law.

New employees under 20 years of age may be paid $4.25 per hour during their fi rst 90 consecutive calendar days of employment with an employer.

Overtime 

In accordance with the federal act and except as hereinafter otherwise provided, no employer shall employ any employee longer than 40 hours in a workweek consisting of seven consecutive 24-hour periods unless such employee receives compensation for the employment in excess of 40 hours at a rate not less than 1 1/2 times the employee’s regular rate of pay.

Workweek: A workweek is a period of 168 hours during seven consecutive 24-hour periods. It may begin on any day of the week and any hour of the day established by the employer. For the purpose of overtime payment, each workweek stands alone; there can be no averaging of two or more workweeks.

Computing Overtime For Salaried Employees

Unless specifically exempt under the provisions of the federal law, salaried employees must be paid time and one-half for all hours worked in excess of 40 hours in a workweek. 

Employees in Illinois are entitled to time and one half the regular rate of pay. The employer has the right to define the length of a “workweek” in this state.

What is minimum wage in Illinois?

Minimum wage in Illinois is $8.25 per hour for those individuals who are 18 years and older. Employees who do NOT receive tips may be paid $7.75 for the first 90 days with employer. Those under 18 years of age may be paid at the rate of $7.75 per hour.

What is minimum wage for tipped employees?

Tipped employees must be paid minimum wage, but an employer may take credit for the employees tips in an amount not to exceed 40% of the wages. An employer may pay a training wage for tipped employees 18 and over in the amount of $4.65 for the first 90 days if applying the tip credit of 40% or $7.75 if utilizing the tip credit. After 90 days, the rate must be increased to $4.95 if not utilizing the tip credit.

When is overtime pay legally due?

You are entitled to pay at time and one half your regular rate of pay if you worked over 40 hours in a workweek. You will need to ask your employer for their definition of a workweek.

Does my employer have to pay me time and one half or double time for working a legal holiday or a Sunday?

No. If working the legal holiday or Sunday puts you over 40 hours in a workweek, then your employer must pay you at time and one half of your regular rate of pay for those hours over 40. However, if your employer’s policy allows for payment of time and one half or double time, then the employer must honor the agreement.

Who is exempt from being paid overtime?

The following employees are exempt from overtime pay:

• Salesmen and mechanics involved in selling or servicing cars, trucks or farm implements at dealerships,

• agricultural labor,

• executive, administrative or professional employees as defined by the Fair Labor Standards Act,

• certain employees involved in radio/television in a city with a population under 100,000,

• commissioned employees defined by Section 7(i) of the Fair Labor Standards Act,

• employees who exchange hours pursuant to a workplace exchange agreement,

• employees of certain educational or residential child care institutions.

How do I know if I qualify as an executive, administrative or professional employee?

The law provides that two tests must be fully met to determine if you are an executive, administrative or professional employee. First, as a general rule, you must be a salaried employee. For definition of salary, see question below. Second, the primary duties you perform must also be exempt.

If I am paid on salary do I still qualify for overtime pay?

Possibly. You are paid a salary if you regularly receive each pay period on a weekly, or less frequent basis, a predetermined amount constituting all or part of your compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed. However, an employee being paid on a salary basis is not automatically exempt from receiving overtime pay. The primary duties you perform must also be exempt to disqualify you from overtime pay.

Can I be required to work overtime?

Yes, unless such work would violate the One Day Rest in Seven Act.

Is "comp time" legal?

No. Compensatory time off in place of payment for overtime is not legal in the private sector.

Both the federal Fair Labor Standards Act (FLSA) and the Indiana Minimum Wage Law generally require employers to pay employees 1 1/2 times their regular rate of pay (“overtime compensation”) when employees work more that forty (40) hours during a work week.

Minimum Wage

Q: Is my employer required to pay minimum wage or overtime?

A: Most Indiana employers and employees are covered by the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA); however those not covered under federal law may still be covered by the Indiana Minimum Wage Law.
 

Q: If I am a waiter or waitress and earn tips, is my employer still required to pay me minimum wage?

A: Tipped employees must be paid at least the minimum wage. The employer is required to pay a base hourly wage of $2.13 an hour. If the employee is not compensated at a rate equal to the minimum wage after adding any tips he/she received to the base hourly wage of $2.13 an hour, the employer must pay the employee the difference. If the employee earns more than the minimum wage after adding the tips he/she received to the hourly wage of $2.13 an hour, the employer has fulfilled his/her obligation. A tipped employee means any employee engaged in an occupation in which he/she customarily and regularly receives more than $30 a month in tips.

Overtime

Q: Is my employer required to pay minimum wage or overtime?

A: Most Indiana employers and employees are covered by the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA); however those not covered under federal law may still be covered by the Indiana Minimum Wage Law

Q: What is the overtime law?

A: Both the federal Fair Labor Standards Act (FLSA) and the Indiana Minimum Wage Law generally require employers to pay employees 1½ times their regular rate of pay (“overtime compensation”) when employees work more that forty (40) hours during a work week. However, there are many exceptions to the overtime pay requirements of both federal and state law. Most of the exceptions to Indiana state law can be found at Indiana Code § 22-2-2-3 (a) – (p). Overtime claims should be made directly to the federal U.S. Department of Labor, Wage and Hour Division at the nearest regional office, or at the Indianapolis District Office. If you have specific questions, contact the U.S. Department of Labor at (317) 226-6801 or the Indiana Department of Labor at (317) 232-2655.

Iowa law only requires overtime if overtime is included in the employment agreement or contract between employer and employee.

 1.      Q. What is the current minimum wage?

A. $7.25 per hour.

2.       Q. I'm a tipped employee. Can my employer pay me less than minimum wage?

A. If you make $30 per month or more in tips, the employer may pay as little as $4.35 per hour. If in any work week the wage the employer pays you and the tips you receive do not average at least $7.25 per hour, the employer is required to pay the difference.

3.       Q. Can an employer pay less than minimum wage for the first 90 days of a new hire’s employment?

A. Yes. An Iowa employer is allowed to pay an “initial employment wage” of $6.35 per hour for the first 90 days. Iowa’s “initial employment wage” is not the same thing as the federal “training wage” that allows certain employees to be paid less than minimum wage.

4.      Q. Who is entitled to overtime and when?

A. Iowa law only requires overtime if overtime is included in the employment agreement or contract between employer and employee.

Kansas requires employers to pay employees overtime at a rate of 1 1/2 time their regular rate when they work more than 46 hours in a workweek, unless otherwise exempt.

Minimum Wage

Kansas' current minimum wage is $2.65.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.  

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.  In most instances in Kansas, the federal minimum wage law will apply as it generally guarantees a higher wage rate for employees than state law.

Overtime

Kansas requires employers to pay employees overtime at a rate of 1 1/2 time their regular rate when they work more than 46 hours in a workweek, unless otherwise exempt.

Time and one-half must be paid for hours worked in excess of forty (40) hours in a work week.

What is minimum wage?
Effective July 1, 2009, the minimum wage is $7.25 per hour.

What is the overtime requirement?
Time and one-half must be paid for hours worked in excess of forty (40) hours in a work week.

May my employer utilize "comp time" for overtime hours?
Comp time may not be given to an employee who is subject to the overtime law.

How many hours must I work to be full time?
Kentucky labor laws do not define full-time and part-time employment.  Employers are free to define these terms as they choose.

May my employer require that I work overtime?
There is nothing that prohibits your employer from requiring you to work overtime.

May my employer require that I work more than eight (8) hours per day?
There is no limitation on the number of hours that your employer can require you to work in a day.

Louisiana does not have laws governing the payment of overtime.  Federal overtime laws apply.

Minimum Wage

Louisiana has not established a minimum wage rate.  In fact, Louisiana has passed a law prohibiting any state or local government from establishing a minimum wage. Louis. Rev. Stat. 23:642.  Although, Louisiana prohibits the establishment of a minimum wage by state governments, Louisiana employers are still required to pay the federal minimum wage rate and comply with federal minimum wage laws.  Currently, the federal minimum wage rate is $7.25.  Some exceptions apply.

Overtime

Louisiana does not have laws governing the payment of overtime.  Federal overtime laws apply.  

An employer may not require an employee to work more than 40 hours in any one week unless 1 1/2 times the regular hourly rate is paid for all hours actually worked in excess of 40 hours in that week.

Minimum wage

The minimum hourly wage is $6.50 per hour. Starting October 1, 2006, the minimum hourly wage is $6.75 per hour. Starting October 1, 2007, the minimum hourly wage is $7.00 per hour. Starting October 1, 2008, the minimum hourly wage is $7.25 per hour. Starting October 1, 2009, the minimum hourly wage is $7.50 per hour. If the highest federal minimum wage is increased in excess of the minimum wage in effect under this section, the minimum wage under this section is increased to the same amount, effective on the same date as the increase in the federal minimum wage, but in no case may the minimum wage exceed the minimum wage otherwise in effect under this section by more than $1 per hour.

Tip credit

An employer may consider tips as part of the wages of a service employee, but such a tip credit may not exceed 50% of the minimum hourly wage established in this section. An employer who elects to use the tip credit must inform the affected employee in advance and must be able to show that the employee receives at least the minimum hourly wage when direct wages and the tip credit are combined. Upon a satisfactory showing by the employee or the employee's representative that the actual tips received were less than the tip credit, the employer shall increase the direct wages by the difference.

The tips received by a service employee become the property of the employee and may not be shared with the employer. Tips that are automatically included in the customer's bill or that are charged to a credit card must be treated like tips given to the service employee. A tip that is charged to a credit card must be paid by the employer to the employee by the next regular payday and may not be held while the employer is awaiting reimbursement from a credit card company.

Overtime rate

An employer may not require an employee to work more than 40 hours in any one week unless 1 1/2 times the regular hourly rate is paid for all hours actually worked in excess of 40 hours in that week. The regular hourly rate includes all earnings, bonuses, commissions and other compensation that is paid or due based on actual work performed and does not include any sums excluded from the definition of "regular rate" under the Fair Labor Standards Act, 29 United States Code, Section 207(e).

For some occupations in Maryland, overtime is calculated based on a different period of time.  Certain farm workers, for example, receive overtime for hours worked over 60 in a week.

Minimum Wage

The minimum wage in Maryland is 7.25 dollards and cents, and goes by the higher federal minimum.

Overtime

Overtime is payment to an employee of one and one-half (1.5) times the regular hourly wage for work performed in excess of 40 hours in a 7-day week.  For some occupations in Maryland, overtime is calculated based on a different period of time.  Certain farm workers, for example, receive overtime for hours worked over 60 in a week.  However, under state and federal laws, some employers are exempt from the requirement to pay overtime, and some employees are exempt from the right to receive it. 

Leave hours, including vacation, sick time, holiday, etc., are not counted toward the accumulated hours in a week for overtime purposes.  Overtime is calculated on hours actually worked.

Minimum wage that must be paid to covered employees is $7.25 per hour as of July 24, 2009 at 12:01 AM. With certain exceptions, time and a half the usual hourly rate must be paid for all hours worked in excess of 40 in a workweek.

While most employees are covered by the overtime protection laws, there are categories of employees in Maryland that are not entitled to receive overtime. Some of these exemptions include:

•  Some agricultural workers
• Executives
• Administrative and professional employees
• Employees of educational, charitable, religious and other non-profit organizations where the employee is working as a volunteer;
• Certain employees of restaurants, cafes, drive-ins, taverns, and drug stores which sell food and drink for consumption on the premises where the annual gross is less than $250,000,
• Employees of motion picture and drive-in theaters
• Employees under 16 years of age working less than 20 hours per week
• Outside salesmen and individuals compensated on a commission basis
• Individuals 62 years of age and working not more than 25 hours a week
• Employees of establishments engaged in the first canning, packing or freezing of fruits, vegetables, poultry and seafood
• The immediate family of the employer
• Those employees enrolled in a special educational program, and
• Non-administrative employees of organized camps.

Certain employers are exempt from the overtime provisions, but are still required to pay their employees minimum wage. The following is a partial list of employers that are exempt from overtime but still must pay minimum wage:

• Employers covered by certain railroad requirements of the Department of Transportation, the Federal Motor carrier Act and the Interstate Commerce Commission
• Employers operating a hotel, motel, restaurant, gas service station, an amusement or recreational establishment including certain swimming pools
• Employers operating a bona fide private country club
• Employers operating a non-profit entity in any of the following: providing in home care services for the sick, aged or individuals with disabilities;
• Employers operating a theater, music festival, musical pavilion, theatrical show or concert promotion
• Employers, who employ certain mechanics, parts-persons, or salespersons who primarily sell or service automobiles, farm equipment, trailers or trucks
• Employers who operate a taxicab business.

Some employers, such as bowling alleys require that an employee earn overtime after working 48 hours as opposed to the usual 40 hours.

Most employees must be paid one and one-half times their regular hourly rate for all hours worked in excess of 40 hours in a given work week. Massachusetts state law does not require overtime after eight hours in a day.

Minimum Wage

What is the minimum wage in Massachusetts?

The Massachusetts minimum wage for most employees is $8.00 per hour.

Can tipped employees be paid a different minimum wage?

Yes, the minimum wage for tipped employees (employees who receive more than $20 a month in tips) is $2.63 per hour. However, for tipped employees to be paid this rate, they must be informed of the law, must receive at least minimum wage when tips and wages are combined, and all tips must be retained by the employee or distributed through a valid tip-pooling arrangement. Tip-pooling arrangements must conform with the requirements of M.G.L. c. 149, §152A

Overtime

When is overtime compensation due?

Most employees must be paid one and one-half times their regular hourly rate for all hours worked in excess of 40 hours in a given work week. State law does not require overtime after eight hours in a day.

Some employees are exempt from overtime, such as executives, professionals, and some seasonal workers. For a list of those employees exempt from overtime, click here: M.G.L. c. 151, §1A . Even if an employee is exempt from overtime under state law, it is important to check if federal law would still require overtime compensation.

Can employees receive compensatory time instead of receiving overtime payments?

If an employee is a non-exempt employee, meaning an employee who is due overtime, the employer may not award compensatory time in place of paying overtime compensation.

Are salaried employees always exempt from overtime?

Just because an employee is paid on a salaried basis does not mean that the employee is not entitled to overtime compensation. The nature of the job and/or the type of employer dictates whether or not an employee is eligible for overtime. For a list of employees exempt from overtime, click here: M.G.L. c. 151, §1A

Can an employee agree to waive his or her right to overtime compensation and receive straight time pay for hours worked over 40 in a work week? No, an employer and employee cannot make any agreement to violate the overtime law.

If an employee works 40 hours, and then gets an additional 8 hours of holiday pay, for a total of 48 hours of pay due for the work week, does the employer have to pay overtime compensation?

Michigan requires employers to pay employees overtime at a rate of 1 1/2 time their regular rate when they work more than 40 hours in a workweek, unless otherwise exempt.

Minimum Wage

Michigan's current minimum wage is $7.40. MI Dept. of Labor Minimum Wage Facts.  Some exceptions apply to Michigan's minimum wage requirements.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.  See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results minimum wage law will apply as it generally guarantees a higher wage rate for employees minimum wage law will apply as it generally guarantees a higher wage rate for employees than federal law.

Overtime

Michigan requires employers to pay employees overtime at a rate of 1 1/2 time their regular rate when they work more than 40 hours in a workweek, unless otherwise exempt. Mich.  Comp. Laws 408:384a.  See FLSA: Overtime for more information regarding overtime requirements.

The Minnesota Fair Labor Standards Act requires employers to pay overtime for all hours worked in excess of 48 per work week.

Minimum Wage

There are both state-minimum-wage laws and federal-minimum-wage laws. In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.

Minimum-wage rates apply to all hours worked, whether part time or full time. No employer may take a tip credit against the state or federal set minimum wages under Minnesota law. For example, if an employee is subject to the federal minimum wage, the employee must be paid at least that minimum wage per hour plus any tips the employee might earn. Employees must be paid the current minimum-wage rate, regardless of the method of compensation.

A partial list of exempt employees includes:  babysitters, taxicab drivers, volunteers of nonprofit organizations, elected government officials, people providing police or fire protection and employees subject to the provisions of the U.S. Department of Transportation (drivers, drivers' helpers, mechanics and loaders).

Notice:  The following state minimum-wage dollar amounts apply as of Aug. 1, 2005.

Large employer -- $6.15 an hour

"Large employer" is defined as any enterprise whose annual gross volume of sales made or business done is not less than $625,000.

(Note:  The federal minimum wage for all employers grossing more than $500,000 is $7.25 an hour as of July 24, 2009, so the Minnesota large-employer rate of $6.15 an hour is obsolete as of that date.)

Small employer -- $5.25 an hour

"Small employer" is defined as any enterprise whose annual gross volume of sales made or business done is less than $625,000.

Training wage -- $4.90 an hour

An employer may pay $4.90 an hour to new employees who are younger than age 20 during their first 90 consecutive days of employment. Permanent or current employees may not be displaced by new employees covered by the training wage.

Overtime

The Federal Fair Labor Standards Act requires some employers to pay overtime for all hours worked in excess of 40 per work week. These employers include:

• employers that produce or handle goods for interstate commerce;

• businesses with gross annual sales of more than $500,000;

• businesses that were covered before April 1, 1990, under the $250,000 ($362,500 retail and services) dollar volume test; and

• hospitals and nursing homes, private and public schools, federal, state and local government agencies.

Overtime pay must be at least one-and-one-half times the employee's regular rate of pay, which is determined by dividing the total pay in any work week by the total hours worked in the week. Overtime is based on actual hours worked in a seven-day work week. Holiday hours, vacation time or sick leave are not counted in figuring overtime hours. Therefore, if you work nine hours on Monday but only six hours on Wednesday, and the total hours for the week do not exceed 40 (federal) or 48 (Minnesota), you are not entitled to overtime pay.

The Minnesota Fair Labor Standards Act requires employers to pay overtime for all hours worked in excess of 48 per work week, unless the employee is specifically exempt under Minnesota Statutes 177.23, subdivision 7.

Mississippi does not have laws governing the payment of overtime.  Federal overtime laws apply.  

Minimum Wage

Mississippi has not established a minimum wage rate.  The federal minimum wage rate applies.  Currently, the federal minimum wage rate is $7.25.  Some exceptions apply. FLSA: Minimum Wage.

Overtime

Mississippi does not have laws governing the payment of overtime.  Federal overtime laws apply.

Missouri requires employers to pay employees overtime at a rate of 1 1/2 time their regular rate when they work more than 40 hours in a workweek.

Minimum Wage

Missouri's current minimum wage is $7.25. MO Div. of Labor Standards Minimum Wage FAQs.  Some exceptions apply to Missouri's minimum wage requirements.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25. Some exceptions apply. FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.

Overtime

Missouri requires employers to pay employees overtime at a rate of 1 1/2 time their regular rate when they work more than 40 hours in a workweek, unless otherwise exempt. MO Rev. Stat. 290.505.  See FLSA: Overtime for more information regarding overtime requirements.

Unless specifically exempt by Montana law, all employees must be paid at least one-and-one-half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a work week.

Minimum Wage

The state minimum wage is $7.65 per hour.  The federal minimum wage is $7.25 per hour. 

The state minimum wage is subject to a cost-of-living adjustment based on the Consumer Price Index no later than September 30th of each year, which becomes effective January 1st of the following year.

A business not covered by the Fair Labor Standards Act whose gross annual sales are $110,000 or less may pay $4.00 per hour. However, if an individual employee of such a business is producing or moving goods between states or is otherwise covered by the Fair Labor Standards Act, that employee must be paid the greater of either the federal minimum wage or Montana's minimum wage.

There is no training wage in Montana.

Tips, gratuities or service charges belong to the employee and cannot be used by the employer to make up any part of the worker's wage. At least the current state minimum wage must be paid. Service charges, if imposed by a business engaged into the food, beverage or lodging industry, belongs to the employee. A service charge is defined as an arbitrary fixed charge added to the customer's bill by an employer in lieu of a tip which is collected by the employer and must be distributed directly to the non-management employee preparing or serving the food or beverage or to any other employee involved in related services, pursuant to a tip pool agreement. This applies to contracts entered into on or after April 14, 1995.

Meals may not be used to make up any part of an employee's wage.

Overtime

Unless specifically exempt by Montana law, all employees must be paid at least one-and-one-half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a work week (1.5 x$ = $).

Student employees of seasonal amusement or recreational areas (who are furnished board and room) must receive one-and-one-half time (1.5 x) their regular rate of pay for all hours worked in excess of 48 in any work week.

Overtime pay provisions do not apply for farm workers under Montana statute. They can be paid the state minimum wage per hour or paid on a monthly basis of $635.

Application of the overtime provisions of subsection (1) to the employment of firefighters and law enforcement officers by the state must be consistent with the Fair Labor Standards Act of 1938, as amended, and consistent with regulations promulgated under the act.

Nebraska does not have laws governing the payment of overtime.  Federal overtime laws apply.  

Minimum Wage

Nebraska's current minimum wage is $7.25. Neb. Rev. Stat. 48-1203.  Some exceptions apply to Nebraska's minimum wage requirements.

An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25.  See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.

Overtime

Nebraska does not have laws governing the payment of overtime.  Federal overtime laws apply.  See FLSA: Overtime for more information regarding overtime requirements.

Employees in the state of Nebraska who are paid a base rate of one and one half times the minimum wage or less per hour may be entitled to overtime if they work more than eight hours in any workday.

Minimum Wage

What is minimum wage in Nevada?

• Minimum wage in Nevada is $7.25 per hour with insurance, and $8.25 per hour without insurance.

I'm a tipped employee. Can my employer pay me less than minimum wage?

• No! In Nevada, tips may not be applied as credit toward the payment of the statutory minimum wage.

How often must I be paid?

• Wages must be paid at least semi-monthly.

What can be deducted from my wages?

• An employer may not withhold, deduct or divert any part of an employee's pay other than benefits and those items required by federal and state law, unless the employee specifically authorizes the deduction in writing.

What deductions is my employer taking out of my wages?

• Deductions should be supplied on your pay stub. An employer must furnish this information within 10 days of your written request.

Overtime

Who is entitled to overtime?

Generally, in Nevada, an employer must pay time and one half of an employee's regular wage rate whenever an employee works more than 40 hours in any scheduled workweek. in addition, employees who are paid a base rate of one and one half times the minimum wage or less per hour may be entitled to overtime if they work more than eight hours in any workday. There are a number of exemptions to this rule, and federal wage and hour rules may apply. See NRS 608.018 for more information on exemptions.

In the state of New Hampshire, overtime is paid to hourly employees at the rate of time and one half of the employee’s regular rate of pay for all hours actually worked over forty in any one week.

Minimum Wage

Effective 8/21/11, no employee shall be paid at an hourly rate lower than set forth in the federal minimum wage law, which is currently $7.25 per hour.

Overtime

Unless exempt by the Fair Labor Standards Act, overtime is paid to hourly employees at the rate of time and one half of the employees regular rate of pay for all hours actually worked over forty in any one week.

In New Jersey, overtime is paid at the rate of time and one half after forty hours of actual work in a seven-day workweek.

Minimum Wage

Q. What is the minimum wage in New Jersey?

A. Effective July 24, 2009, the minimum wage rate in New Jersey is $7.25 per hour.

Q. Do all workers have to be paid the minimum wage?

A. Most employees have minimum wage protection under the law. There are exceptions such as automobile salespersons, outside salespersons and minors under the age of 18, except for minors working in retail, food service, the first processing of farm products, beauty culture occupations, laundry, cleaning and dyeing occupations, light manufacturing and apparel occupations and hotel and motel occupations.

Q. If I am a tipped employee, is my employer required to pay the minimum wage rate?

A. Your total earnings (hourly wage plus tips) must equal at least the minimum wage per hour. The hourly rate is up to your employer; however, the suggested rate is a minimum of $2.13 per hour. If the hourly rate plus tips does not equal at least the minimum wage per hour, the employer is required to make up the difference.

Q. Is the employer allowed to reduce my rate of pay?

A. Yes. The employer can reduce your rate of pay as long as you are given advance notice of the reduction. The reduction cannot be made retroactively for any time worked. Also, the reduction cannot bring the rate of pay below minimum wage.

Overtime

Q. When is overtime pay due?

A. Overtime is paid at the rate of time and one half after forty hours of actual work in a seven-day workweek, with the exception of certain salaried employees who meet the definition of an executive, administrative or professional.

Q. Does my employer have to pay me overtime or double time for working on a holiday, Saturday or Sunday?

A. No. Overtime must be paid at a rate of time and one-half times the employee's regular rate of pay for each hour actually worked in excess of 40 hours in the workweek.

Q. If I work 40 hours and get 8 hours of holiday pay for a total of 48 hours of pay for the week, does my employer have to pay overtime for the hours over 40?
A. No, not unless the employee physically worked over 40 hours in the workweek. Overtime must be paid at a rate of time and one-half times the employee's regular rate of pay for each hour actually worked in excess of 40 hours in the workweek.

Q. If an employee wants to work overtime (in excess of 40 hours in the workweek) and will accept straight time, can the employee waive his/her right to overtime pay?

A. No, the employee and the employer cannot mutually agree to violate the law.

Q. How does an employer compute the overtime rate for a worker who has two or more job titles with different hourly rates?

A. The overtime rate is calculated by using the weighted averaged method. The total gross wage is divided by the total number of hours worked to obtain the average hourly rate. The average hourly rate is then divided in half to determine the additional premium (half-time) rate due the employee.

Example:

An employee does clerical work for $10.00 per hour and is also a hostess for $7.75 per hour. The employee works 30 hours at $10.00 per hour and 16 hours at $7.75 per hour for a total of 46 hours during the week. The overtime rate due the employee is calculated as follows:

30 hours x $10.00 per hour = $300.00
16 hours x $7.75 per hour = $124.00
Total gross = $424.00

The total gross ($424.00) is divided by the total hours (46) to obtain the average hourly rate. The average hourly rate is $9.22 per hour.

The employee is still due the additional premium pay (half-time) for the 6 overtime hours. The average hourly rate ($9.22) is divided in half. The half-time rate is $4.61.

6 overtime hours x $4.61 = $27.66

The $27.66 (premium pay) is added to the original gross amount of $424.00. The new gross amount is $451.66. This is the amount that must be paid to the employee for the week.

Q. Can my employer require me to work overtime?

A. Yes. An employer can require an employee to work overtime provided the employer pays the appropriate wages and does not violate any existing employer-employee collective bargaining agreement.

New Mexico requires an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek.

Minimum Wage

Q. What is the minimum wage?

A. The State minimum wage is $7.50 per hour effective January 1, 2009. 

Q. What is the NM State minimum wage if the employee receives tips?

A. If the employee regularly and customarily receives $30.00 or more a month in tips, an employers cash payment to that employee must be at least $2.13 per hour and the employer may consider tips as making up the difference of the $7.50 per hour minimum wage.

Q. Can an employer pay young people, under the age of 18, less than the minimum wage?

A. Yes. Students regularly enrolled in a primary or secondary school working after school hours or on vacation; Persons 18 or younger who are not students in a primary, secondary, vocational, or training school; Persons 18 or younger who are not graduates of a secondary school.

Overtime

Q. What are the new overtime laws?

A. Under the new FairPay rules, workers earning less than $23,660 per year — or $455 per week — are guaranteed overtime protection. This will strengthen overtime rights for 6.7 million American workers, including 1.3 million low-wage workers who were denied overtime under the old rules. To learn more about the new regulations that take effect on August 23, 2004 visit the Federal Department of Labor's Website at http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm

Q. Can an employer require an employee to work more than 8 hours a day and/or more than 40 hours a week?

A. Yes. An employer can require an employee to work overtime but must pay the rate of time-and-a-half the regular rate of the employee's pay for over 40 hours in a seven-day period.

Q. Can an employer cut an employee's wage or salary?

A. Yes. The employer must advise the employee of the new lower rate before the hours are worked.

Q. If an employee wants to work overtime and will accept straight time pay, can he/she waive his/her right to time-and-a-half.

A. No

Q. Does an employer have to pay overtime compensation to salaried employees?

A. Yes, if the employee is not exempt from the overtime provisions.

Exemptions from both Minimum Wage and Overtime Pay

Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales persons, and persons in certain computer-related occupations.

An employer of workers engaged in agriculture is exempt from overtime provisions. "Agriculture is exempt from overtime provisions. "Agriculture" is defined in Section 203 of the Fair Labor Standards Act.

New York State follows the Federal Overtime Law. However, the State will require that employees receive at least one and one-half times the minimum rate of $7.25 for their overtime hours in businesses covered by the Miscellaneous Wage Order.

Minimum Wage

The minimum wage in New York State is $7.25 per hour. Everyone has a right to earn at least the minimum wage.  In New York State, most workers should earn $7.25 an hour.

There are exceptions for youth, farmers and workers who earn tips. In most cases, a full-time job is up to 40 hours a week. There are exceptions for farmers and homecare workers. If you work more than 40 hours a week, you should get higher pay for the extra hours.

The minimum wage and overtime laws apply to ALL WORKERS, even if you are undocumented or paid:

•  Hourly, daily or weekly

•  In cash or by check

•  Off the books

People in the hospitality industry who earn at least $2.25 per hour in tips may receive a minimum wage rate of $5.00 per hour.

Different rates exist for other types of service employees.  A set of regulations called a "Wage Order" specifies these rates. The Wage Order addresses the unique aspects of each industry or occupation.

The minimum wage for janitors in residential buildings is a per unit, rather than an hourly, rate. The current unit rate, for residential janitors earning less than $308.35 per week, is $4.85.

In a payroll week, a piece-rate worker must earn at least $7.25 for each hour worked.

Overtime

The overtime requirement is based on hours worked in a given payroll week. Thus, time and one-half, double-time - or any amount higher than the agreed rate - is not required simply because the work is performed after eight hours per day or on a Saturday or Sunday.

Federal law excludes some types of employees from the requirement to receive one and one-half times their regular rate of pay. Many people call these "exempt" positions. The Fair Labor Standards Act (FLSA), listed by the U.S. Department of Labor, Wage and Hour Division, outlines occupations excluded by federal law. You can find the act at:
http://www.dol.gov/elaws/esa/flsa/screen75.asp

New York State follows these exclusions. However, the State still requires that they receive at least one and one-half times the minimum rate of $7.25 for their overtime hours in businesses covered by the Miscellaneous Wage Order.

In the state of North Carolina Every employer shall pay each employee who works longer than 40 hours in any workweek at a rate of not less than time and one half of the regular rate of pay of the employee for those hours in excess of 40 per week

Minimum Wage

(a) Every employer shall pay to each employee who in any workweek performs any work, wages of at least six dollars and fifteen cents ($6.15) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor Standards Act, 29 U.S.C. 206(a)(1), as that wage may change from time to time, whichever is higher, except as otherwise provided in this section.

(b) In order to prevent curtailment of opportunities for employment, the wage rate for full-time students, learners, apprentices, and messengers, as defined under the Fair Labor Standards Act, shall be ninety percent (90%) of the rate in effect under subsection (a) above, rounded to the lowest nickel.

(c) The Commissioner, in order to prevent curtailment of opportunities for employment, may, by regulation, establish a wage rate less than the wage rate in effect under section (a) which may apply to persons whose earning or productive capacity is impaired by age or physical or mental deficiency or injury, as such persons are defined under the Fair Labor Standards Act.

(d) The Commissioner, in order to prevent curtailment of opportunities for employment of the economically disadvantaged and the unemployed, may, by regulation, establish a wage rate not less than eighty-five percent (85%) of the otherwise applicable wage rate in effect under subsection (a) which shall apply to all persons (i) who have been unemployed for at least 15 weeks and who are economically disadvantaged, or (ii) who are, or whose families are, receiving Work First Family Assistance or who are receiving supplemental security benefits under Title XVI of the Social Security Act. Pursuant to regulations issued by the Commissioner, certificates establishing eligibility for such subminimum wage shall be issued by the Employment Security Commission. The regulation issued by the Commissioner shall not permit employment at the subminimum rate for a period in excess of 52 weeks.

(e) The Commissioner, in order to prevent curtailment of opportunities for employment, and to not adversely affect the viability of seasonal establishments, may, by regulation, establish a wage rate not less than eighty-five percent (85%) of the otherwise applicable wage rate in effect under subsection (a) which shall apply to any employee employed by an establishment which is a seasonal amusement or recreational establishment, or a seasonal food service establishment.

(f) Tips earned by a tipped employee may be counted as wages only up to the amount permitted in section 3(m) of the Fair Labor Standards Act, 29 U.S.C. 203(m), if the tipped employee is notified in advance, is permitted to retain all tips and the employer maintains accurate and complete records of tips received by each employee as such tips are certified by the employee monthly or for each pay period. Even if the employee refuses to certify tips accurately, tips may still be counted as wages when the employer complies with the other requirements of this section and can demonstrate by monitoring tips that the employee regularly receives tips in the amount for which the credit is taken. Tip pooling shall also be permissible among employees who customarily and regularly receive tips; however, no employee's tips may be reduced by more than fifteen percent (15%) under a tip pooling arrangement.

Overtime

Every employer shall pay each employee who works longer than 40 hours in anyworkweek at a rate of not less than time and one half of the regular rate of pay of the employee for those hours in excess of 40 per week; provided that employers of seasonal amusement or recreational establishment employees are required to pay those employees the overtime rate  only for hours in excess of 45 per workweek.

North Dakota requires an employer to pay overtime to employees, unless otherwise excess of 40 hours in a workweek. 

Minimum Wage

North Dakota's current minimum wage is $7.25.  Some exceptions apply to North Dakota's minimum wage requirements.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.  See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.

Overtime

North Dakota requires an employer to pay overtime to employees, unless otherwise excess of 40 hours in a workweek. See FLSA: Overtime for more
information regarding overtime requirements.

Ohio requires an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek. 

Minimum Wage

Ohio's current minimum wage is $7.30 for employers whose gross receipts are greater than $267,000. The  minimum wage rate from employers with gross receipts of $267,000 or less is $7.25.  Some exceptions apply to Ohio's minimum wage requirements.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.  See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.

Overtime

Ohio requires an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek. See FLSA: Overtime for more information regarding overtime requirements.

Oklahoma does not have laws governing the payment of overtime.  Federal overtime laws apply.

Minimum Wage

Oklahoma's current minimum wage is $7.25. Some exceptions apply to Oklahoma's minimum wage requirements.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.  See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.

Overtime

Oklahoma does not have laws governing the payment of overtime.  Federal overtime laws apply.  See FLSA: Overtime for more information regarding overtime requirements.

Oregon state law requires employers to pay overtime at the rate of 1½ times the regular rate for all hours over 40 in the workweek.

Minimum Wage

Effective January 1, 2012, the Oregon minimum wage increased from $8.50 per hour to $8.80 per hour pursuant to ORS 653.025.  This increase is a result of the passage of Ballot Measure 25, approved by Oregon voters on November 5, 2002.  Measure 25 requires the Commissioner of the Bureau of Labor and Industries to calculate an annual adjustment to the minimum wage each September for the following calendar year.  The annual adjustment is based on any increase during the previous 12 months in the U.S. City Average Consumer Price Index for All Urban Consumers for All Items.  Under this law, the minimum wage is to be rounded to the nearest five cents and to take effect on January 1 of the year following each adjustment.
 
Q.   What is the federal minimum wage?
A.   The current federal minimum wage remains $7.25 per hour. 
 
Q.   So which minimum wage am I required to pay my employee – the state or the federal? 
A.   When federal and state employment laws conflict, employers must apply whichever standard is most beneficial to the employee.  Therefore, Oregon employers must pay the higher state minimum wage.

Q.   May I pay my new employees a training wage which is below the minimum wage? 
A.   No.  Unlike federal law, Oregon law requires that employees receive at least minimum wage during all stages of employment.  This includes any period of on-the-job training.

Q.   Our regular payday falls on January 5, 2012.  Since the payday falls in 2012, must I pay my employees the new minimum wage for 2012? 
A.   The minimum wage increases to $8.80 effective January 1, 2012, for hours worked in 2012.  Hours worked in 2011 may be paid at $8.50 per hour, even if the pay is not received until 2012.
 
Q.   May I count an employee's tips against the minimum wage? 
A.   No.  Oregon law does not allow for tip credits. ORS 653.035(3).
 
Q.   If I hire minors, do I need to pay them minimum wage?
A.   Yes.  Under Oregon law the minimum wage applies to minors.
 
Q.   I provide meals and lodging for my employee.  May I count the fair market value of the meals and lodging towards the minimum wage obligation? 
A.   Yes, employers may make an authorized deduction for meals and lodging so long as they are provided for the “private benefit” of the employee.  However, if you require your employee to live on-site, or if you derive a mutual benefit from the employee living on the premises, you must pay minimum wage in addition to the value of meals and lodging.  OAR 839-020-0025.
 
Note that employers may not require an employee to pay (e.g., by direct charge) amounts that could not have been lawfully deducted from wages under the minimum wage law, if to do so would reduce that employee's minimum wage earnings.

Q.   I paid my employee $9.00 per hour in 2011 (50 cents above the minimum wage).  He claims that now I am legally obligated to pay him at least $9.30 per hour (50 cents above the new minimum wage) as of January 1, 2012.  Is that right? 
A.   No.  The law only requires you to pay the minimum wage of $8.80 per hour as of January 1, 2012, unless you have a contract or policy providing otherwise.
 
Q.   If I pay my employee on a commission, does the minimum wage law still apply? 
A.   Yes.  Unless your employee falls into an exempt category, you must pay the employee at least minimum wage for all hours actually worked.  This means that even with a commissioned employee, you must track all daily and weekly hours worked to determine whether the average hourly rate meets the minimum wage.  If the average hourly rate is less than the minimum wage in any pay period, you must boost the employee's wages up to the minimum wage.
 
Q.   My employee, who normally earns $10.00 per hour, travels as part of her job duties.  May I pay her at a lower hourly rate for the travel time?
A.   Yes, as long as you pay at least the minimum wage for each hour worked.

Overtime

The payment of overtime is required by both federal and state laws. The law requires most employers to pay overtime at the rate of 1½ times the regular rate for all hours over 40 in the workweek. Special overtime rules apply to government agencies, hospitals, canneries and manufacturing establishments. Refer to the Oregon Wage and Hour Laws handbook for more information about special overtime requirements for such entities.
 
Q. My employee worked 42 hours in the five-day period from Thursday through Monday. Is he due two hours of overtime?
A. Not necessarily. The answer depends on the number of hours the employee worked during your workweek. A "workweek" is a regularly recurring period of seven consecutive 24-hour periods. It may begin on any day and hour the employer chooses as long as it repeats on a regular basis. The employer´s workweek is not necessarily the same as an individual employee´s work schedule. If your workweek runs from Sunday through Saturday, for example, your employee may have worked fewer than 40 hours during that period.
 
Q. My pay periods end on the 15th and 30th of each month. Is it correct to pay overtime when the employee works more than 80 hours in the two-week pay period?
A. No. Your pay periods are irrelevant to the overtime calculation. Pay periods and workweeks frequently differ. Pay periods may be established for any period not exceeding 35 days, but overtime must be calculated based on a recurring, seven-day workweek. If a workweek overlaps two pay periods, pay any overtime due for that workweek at the end of the second pay period (when the total hours worked for the workweek are known). For example, if payday is on the 15th and the workweek ends on the 17th, the amount of overtime will not be known for that workweek until the following payday. In other words, pay the overtime on the 30th -- the regular payday for the period in which the workweek ends.
 
Q. For purposes of calculating overtime, how is the "regular rate" of pay determined?
A. If the employee is paid on an hourly basis, that amount is the regular rate. The regular rate may not be less than the minimum wage. If the employee is paid a salary, based on a 40-hour workweek, the regular rate is determined as follows:

1. Multiply the monthly salary by 12 to get the annual salary;
2. Divide the annual salary by 52 to get the weekly salary;
3. Divide the weekly salary by 40 to get the regular rate.

The result is the rate used to compute overtime. Payroll records must reflect overtime pay of 1½ times that rate for hours over 40 in a workweek.
 
Q. Do bonus payments increase overtime obligations?
A. Yes. Federal law requires that all amounts, including nondiscretionary bonuses be included in the regular rate when calculating overtime.
 
Q. Are any amounts excluded from the regular rate of pay?
A. Yes. Examples are expense reimbursements, premium pay for Saturday, Sunday, or holiday work, discretionary bonuses, and gifts for special occasions.
 
Q. When is overtime required for salaried employees?
A. All salaried employees must be paid overtime unless they meet the test for exempt status as defined by federal and state laws.
  
Q. How is overtime calculated when employees work at different rates of pay in the same workweek?
A. The average rate of pay is used to compute overtime.
EXAMPLE: If an employee worked 16 hours at $10.00 per hour and 30 hours at $12.00 per hour the total straight time amount earned is $520.00. That amount is divided by total hours-worked (46), and the average hourly rate is $11.30. Since the employer has already paid the straight time rates for all hours worked, only an additional ½ times the average hourly rate is due for the overtime hours (½ x $11.30 x 6 hours = $33.90).
 
Q. Are employees owed overtime after a certain number of hours worked in a day?
A. In most cases, no. Even an employee who works 24 hours in one day will be owed no overtime if he works no more than 40 hours in the workweek. Employees of manufacturing establishments must receive overtime after 10 hours in a day. Special overtime rules also apply to government agencies, canneries and some hospital employees. For more information see the Oregon Wage and Hour Laws Handbook.
 
Q. Is there a maximum number of hours employees can work during a day?
A. For most adult workers, there are no limits on daily work hours. Theoretically, employers may schedule employees to work seven days a week, 24 hours per day, so long as minimum wage and overtime laws are observed. Manufacturing employees are limited to 13 hours of work in a 24-hour period. There are also daily and weekly limitations on the hours minors (employees under 18) can work. For more information, see the Oregon Wage & Hour Laws handbook.
 
Q. Can I require employees to work overtime?
A. Yes. An employer may dictate an employee´s work schedule and hours. Employers may discipline or even terminate employees who refuse to work scheduled overtime. It is advisable to give employees as much advance notice of overtime requirements as practicable.
 
Q. I paid my employee for 43 hours of wages during the last workweek. Eight of those hours were paid as sick leave, as the employee was out ill for one day. Am I required to pay the employee for three hours of overtime?
A. No. The required overtime pay is 1½ times the hourly rate for hours worked in excess of 40 in a workweek. Overtime is calculated based on hours actually worked, and your employee worked only 35 hours during the workweek. Unless a policy, contract or collective bargaining agreement states otherwise, you needn´t count sick leave, vacation time, holidays, or other paid time during which the employee did not actually work.
 
Q. Can I give my employees "comp time" instead of paying overtime?
A. Only government agencies are permitted to offer compensatory time in lieu of overtime. If you are a private sector employer, you must pay overtime when an employee works over 40 hours in a workweek. (If your employee works 45 hours during one workweek, you could choose to schedule the employee for 35 hours during the following week, but that would not relieve you of the obligation to pay for the five hours of overtime during the first workweek.)
 
Q. Is it legal to flex an employee´s hours within one workweek to keep the employee under 40 hours?
A. Yes. For instance, an employee who works nine hours per day for four work days may be scheduled for only four hours on the fifth day of the week to avoid overtime.
 
Q. If my employee works unauthorized overtime, am I obligated to pay for it?
A. Yes. You can discipline an employee who violates your policy by working overtime without the required authorization. However, wage and hour laws require that you compensate the employee for any hours you "suffer or permit" the employee to work.

Pennsylvania requires an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek.

Minimum Wage

Pennsylvania's current minimum wage is $7.25. Some exceptions apply to Pennsylvania's minimum wage requirements.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.  See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.

Overtime

Pennsylvania requires an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek. See FLSA:  Overtime for more information regarding overtime requirements.

Rhode Island requires an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek.  

Minimum Wage

Rhode Island's current minimum wage is $7.40. Some exceptions apply to Rhode Island's minimum wage requirements.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.  See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.  In most instance in Rhode Island, the state minimum wage law will apply as it generally guarantees a higher wage rate for employees than federal law.

Overtime

Rhode Island requires an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek.  See FLSA: Overtime for more information regarding overtime requirements.

South Carolina does not have laws governing the payment of overtime.  Federal overtime laws apply.  

Minimum Wage

South Carolina has not established a minimum wage rate.  The federal minimum wage rate applies.  Currently, the federal minimum wage rate is $7.25.  Some exceptions apply. FLSA: Minimum Wage.

Overtime

South Carolina does not have laws governing the payment of overtime.  Federal overtime laws apply.  See FLSA: Overtime for more information regarding overtime requirements.

South Dakota has no labor laws concerning comp time or overtime. However, federal law may apply.

Minimum Wage

The current minimum wage for non-tipped employees in South Dakota is $7.25/hour.

This law does not cover all employees, however. Under the federal minimum wage law, there are two categories of coverage (enterprise and individual).

Enterprise coverage applies to any business with an annual gross sales volume exceeding $500,000. Also included are all schools, all public agencies and all businesses that operate a hospital or facility which cares for and houses the elderly or people with physical or mental disabilities. Federal minimum wage law covers all employees of schools, agencies or businesses in the enterprise category.

Businesses not covered by the enterprise category are likely to have employees who are covered under the individual category. An employee is covered on an individual basis, if that individual is engaged in:

• Interstate commerce.

• Production of goods for interstate commerce.

• Handling or working on goods or materials that are moving in interstate commerce.

• An occupation that is closely related or directly essential to the production of goods for interstate commerce.

This category also covers those who work in communications or transportation, or who regularly use the postal system or telephone for interstate communications. Individuals who accept checks and credit cards are involved in the interstate banking system and would probably be covered, as would an individual using the U.S. Postal Service to ship or order goods anywhere outside the state's boundaries.

Tipped employees have a minimum cash wage of $2.13/hour. However, the employer must make sure that the employees receive no less than the minimum wage and must keep a record of all tips received by employees.

Overtime

South Dakota has no labor laws concerning comp time or overtime. However, federal law may apply. Visit the U.S. Department of Labor website for more information.

Tennessee does not have laws governing the payment of overtime. Federal overtime laws apply.  

Minimum Wage

Tennessee has not established a minimum wage rate. TN Dept. of Labor FAQs.  The federal minimum wage rate applies.  Currently, the federal minimum wage rate is $7.25 on July 24, 2009.

Overtime

Tennessee does not have laws governing the payment of overtime. Federal overtime laws apply.  See FLSA: Overtime for more information regarding overtime requirements.

In the state of Texas, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.

Minimum Wage

The Texas Minimum Wage Act, Chapter 62 of the Texas Labor Code, as amended, establishes a minimum wage for non-exempt employees. The current provisions of the Texas Minimum Wage Act are found in Chapter 62 of the Texas Labor Code. It requires covered employers to provide each employee with a written earnings statement containing certain information about the employee's pay. It designates the Texas Workforce Commission (TWC) as the agency responsible for disseminating information about the Act. It contains elaborate provisions concerning agricultural piece rate workers. It exempts a laundry list of employers from its coverage. Finally, the Act provides civil remedies for its violation.

Texas adopts the federal minimum wage rate by reference, thus any changes affecting the federal minimum wage will automatically affect the Texas minimum wage for all intended purposes.

• Effective July 24, 2009, the federal minimum wage increased to $7.25 an hour.

The Act does not prohibit employees from bargaining collectively with their employers for a higher wage. With specified restrictions, employers may count tips and the value of meals and lodging toward minimum wage. An employer need not pay an employee who lives on the business premises for on-call time in addition to assigned working hours. Under certain conditions, a sub-minimum wage may apply to a patient or client of the Texas Department of Mental Health and Mental Retardation or to other individuals due to age or productive impairments.

The information employers must provide employees on a written earnings statement is geared to enable employees to determine from a single document whether they have been paid correctly for a given pay period. The TWC is charged with making employers and employees aware of their respective rights, duties, and remedies under the Act.

The Commissioner of Agriculture is authorized to establish piece rates for agricultural commodities commercially produced in substantial quantities in Texas if sufficient productivity information is available. The piece rates are supposed to guarantee at least minimum wage for harvesters of average ability and diligence while allowing harvesters to earn more by producing more. The Act provides a procedure for contesting an established piece rate.

The primary exemption from the Act is for any person covered by the federal Fair Labor Standards Act (FLSA). Other specific exemptions include employment in, of or by religious, educational, charitable, or nonprofit organizations; professionals, salespersons or public officials; domestics; certain youths and students; inmates; family members; amusement and recreational establishments; non-agricultural employers not liable for state unemployment contributions; dairying and production of livestock; and sheltered workshops.

An employee has two years from the date the wages were due for payment to file a lawsuit to recover the unpaid wages plus an additional equal amount as liquidated damages. The employer can be assessed reasonable attorney's fees and court costs.

Overtime

The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.

The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

Utah does not have laws governing the payment of overtime. Federal overtime laws apply.

Minimum Wage

The Utah minimum wage is $7.25 per hour. Minor employees (under 18 years of age) may be paid $4.25 per hour, as a training wage, for the first 90 days of employment. Employees receiving tips of at least $30.00 per month may be paid a cash wage of $2.13 per hour, if the total of the cash wage and the tips total at least $7.25 per hour.

Overtime

Overtime is a provision of the Fair Labor Standards Act. Information on this Federal Law may be obtained from The U.S. Dept. of Labor, Wage and Hour Division, 150 E. Social Hall Avenue, Suite 695, Salt Lake City, Salt Lake City, Utah 84111. Telephone (801) 524-5706 or visit their website: www.wagehour.dol.gov

Vermont requires an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek.

Minimum Wage

The minimum wage in the state of Vermont is 8.15 dollars per hours worked. Service or Tipped Employees – “A service or tipped employee” means an employee of a hotel, motel, tourist place, or restaurant who customarily and regularly receives more than $120.00 a month in tips, effective July 1, 2007 and thereafter.

Overtime

Q: If I work more than 40 hours a week do I automatically get overtime pay?

A: Employees are generally due overtime pay of one and one-half times the regular wage rate for work performed in excess of 40 hours during a workweek. Under Vermont law, however, exceptions to overtime pay requirements include employment in retail, service, hotels recreation, hospitals or nursing homes. Employment that is not subject to Vermont overtime requirements may be subject to federal overtime, if the work is in interstate commerce (eg. credit card transactions); or, in a business with an annual gross volume of sales of $500,000 or more. Additional federal information is available from the Federal Wage and Hour Office in Burlington at 802-951-6283 or in New Hampshire at 603-666-7716.

Q: If I work a holiday am I entitled to time and a half?

A: Not necessarily. Holidays and Sundays are normal workdays insofar as wage and hour laws are concerned, unless your employer has a written agreement stating otherwise.

Q: What determines overtime hours?

A: Overtime is usually based on more than 40 hours of actual work per week. Benefit hours are separate and should be shown as separate in the payroll records. For example, if you actually worked 36 hours in a workweek and had 8 hours off, paid for a holiday, you are NOT entitled to overtime.

Q: Can my employer require that I work mandatory overtime? Can my employer require that I work 8 days in a row without a day off?

A: Vermont law places no limits on the number of hours an employer can require an employee to work. Absent a written agreement or a union contract, an employer has complete discretion to require mandatory overtime.

Virginia does not have laws governing the payment of overtime. Federal overtime laws apply.

Minimum Wage

The minimum wage rate under both the federal Fair Labor Standards Act ("F.L.S.A.") and state minimum wage law is $7.25 per hour. There are exceptions for certain categories of employees; the exceptions are not the same under federal and state law. Most employers are covered by the F.L.S.A.; very small employers who do not meet the annual revenue or interstate commerce requirements are covered by the state law.

Overtime

Generally, time-and-a-half must be paid for all hours over 40 hours a week, but there are exceptions. Time-and-a-half for overtime is required not by state law, but by the federal Fair Labor Standards Act, enforced by the United States Department of Labor, Wage and Hour Division. Overtime claims should be made directly to the federal Wage and Hour Division at the closest regional office, or at the Richmond District Office. You may also contact the United States Department of Labor at 1-866-4-US-WAGE.

Washington requires an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek.

Minimum Wage

Washington's minimum wage applies to workers in both agriculture and non-agricultural jobs, although 14- and 15-year-olds may be paid 85% of the minimum wage ($7.68).

Overtime

What is overtime?

Most workers who are paid an hourly wage and work more than 40 hours in a 7-day work week must be paid overtime. When paying overtime, a business must pay at least one and one-half times the worker’s regular hourly rate.

Is working overtime mandatory?

Yes. Businesses may make overtime mandatory even if the workers do not want to do so, and even on a day that is normally a scheduled day off. Exception: registered nurses and licensed practical nurses.

West Virginia requires an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek.

Minimum Wage

What is the current minimum wage?

The current minimum wage under both state and federal law is currently $7.25 per hour.

What is the minimum wage for workers that receive tips?

West Virginia allows for a 20% credit against the minimum wage requirement for tipped employees.  What that means is that employers may pay their service employees that are receiving gratuities (tips) a reduced minimum wage of $5.80 per hour as long as the their hourly rate plus tips equals $7.25 per hour. ** NOTE:  Companies that fall under the jurisdiction of the federal Fair Labor Standards Act for minimum wage coverage may pay the federal tip credit of $2.13 per hour. 

Overtime

When does overtime apply?

When an hourly non-exempt employee works more than forty (40) hours in a seven (7) consecutive day workweek (as established by the employer), that employee is entitled to receive time and a half for those hours exceeding forty.  For example:  An hourly employee receiving $7.25 per hour would be paid an overtime rate of $10.88 per hour. {7.25 * 1.5 = 10.88}

Does the overtime rate still apply if the forty plus hours includes holiday pay or other paid leave?

You must actually work over forty (40) hours before you’re entitled to receive time and half.   The payment of holiday pay, vacation pay, etc., may cause you to be paid for more than forty (40) hours but those hours are not considered “hours worked”.    

Wisconsin requires an employer to pay overtime to employees, unless otherwise exempt, of 40 hours in a workweek.

Minimum Wage

Wisconsin's current minimum wage is $7.25.  Some exceptions apply to Wisconsin's minimum wage requirements.

An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25.  

 If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.

Overtime

Wisconsin requires an employer to pay overtime to employees, unless otherwise exempt,
of 40 hours in a workweek. Dept. of Workforce Dev.: Overtime, DWD 274.  See FLSA:
Overtime for more information regarding overtime requirements.

Wyoming does not have laws governing the payment of overtime. Federal overtime laws apply.  

Minimum Wage

Wyoming's current minimum wage is $5.15.  WY Dept. of Employment Reference Guide.  Some exceptions apply to Wyoming's minimum wage requirements.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.

Overtime

Wyoming does not have laws governing the payment of overtime. WY Dept. of Employment Reference Guide.  Federal overtime laws apply.  See FLSA: Overtime for more information regarding overtime requirements.