Without a Legal Mandate

Without a Legal Mandate

The wages required by the FLSA are payable on the regular pay day of the covered salary period. Deductions from wages for items such as shortages of money or goods, employer-imposed uniforms and craft tools are not legal to the extent that they reduce workers` wages below the minimum rate required by the RSA or reduce the amount of overtime pay due under the RSA. If you need help with sexual harassment or unlawful discrimination in the workplace, contact the Maine Human Rights Commission at 624-6290. Most jobs are “at will,” meaning an employer can hire or fire at will, and an employee can decide whether or not to work for a company at will. This means that an employer can terminate an employee without notice or reason. An employer cannot discriminate against an employee because: This FAQ document is considered a general guideline and should not be considered an official statement instead of legal positions. Please refer to the list of statutes under M.S.S. Title 26, Chapter 7: Employment Practices for Written Law. If it is decided to hold a conference, the parties will be informed by mail of the date, time and place of the conference.

The purpose of the conference is to establish the validity of the claim and see if the claim can be resolved without a hearing. If the claim is not resolved at the conference, the next step is usually to refer the matter to a hearing. Yes, if it is a non-discretionary bonus. A non-discretionary bonus is included in determining the regular rate of pay for the calculation of overtime if the bonus is remuneration for hours worked, production or skill, or as an incentive to remain employed by the same employer. Incentives include fixed premiums. In order to correctly calculate overtime on a lump sum bonus, the bonus must be divided by the legal maximum number of hours worked during the bonus pay period, not by the total number of hours worked during the bonus pay period. This calculation gives the normal wage rate for lump sum bonuses. Overtime on a lump sum premium must then be paid at 1.5 or 2 times this calculation of the normal rate for each overtime hour worked during the bonus earning period. Overtime in production bonuses, which are intended to encourage increased production for each hour worked, are calculated differently from flat-rate premiums. To calculate overtime on a production premium, the production premium is divided by the total number of hours worked during the premium earning period.

This calculation gives the normal wage rate of the production premium. Overtime on the production premium is then paid at 0.5 or 1 times the normal rate for all overtime worked during the premium earning period. Overtime for both types of premiums can be paid daily or weekly and must be paid during the payment period following the end of the premium earning period. Normally, the hours to be used to calculate the normal rate of pay cannot exceed the legal maximum working time, which in most cases is 8 hours per working day or 40 hours per working week. This maximum can also be affected by the number of working days in a work week. It is important to determine what maximum is legal in each case. The alternative method of scheduling and calculating overtime under most Social Welfare Commission wage orders, which is based on an alternative weekly work schedule of four 10-hour days or three 12-hour days, does not affect the regular rate of pay which, in this case, would also be calculated on the basis of 40 hours per working week. There are no breaks, meals or rest periods for employees 18 years of age and older. Employees under the age of 18 may not work more than five hours without a documented continuous 30-minute break. Daily time recordings should reflect the start and end of shifts, as well as the uninterrupted 30-minute break. The agreed standard deadlines must be applied if they are less than the legal maximum period.

For example, if you work 32 to 38 hours per week, there is an agreed average work week of 35 hours, and thirty-five hours is the number used to determine the regular wage rate. However, in cases where the working week is less than 40 hours, the law does not require payment of the overtime premium, unless the employee works more than eight hours per working day or more than 40 hours per working week. In other words, assuming you are employed under a policy that provides for a 35-hour week, the law does not require the employer to pay the overtime premium only after eight hours in a workday or 40 hours in a work week. If you work more than 35 hours but less than 40 hours in a work week, you are entitled to overtime pay at your regular rate of pay, unless you work more than eight hours per working day or 40 hours per work week. This document addresses specific issues and questions frequently posed to the Maine Department of Labor. Many additional answers to questions not answered here can be obtained from other documents on this website or by calling the ministry at 207-623-7900. Depending on the nature of your request, you may need to seek legal advice from a private attorney on matters not governed by Maine`s labor laws. Note: If you encounter an error in handling your complaint, please try clearing your cookies, browsing history, and cache, or try another browser such as Microsoft Edge, Internet Explorer, Safari, Mozilla, Firefox, Chrome, etc.

Download a copy of the form in PDF format. The records required for exempt workers are different from those required for non-exempt workers. Special information is required for homeworkers, for workers working under unusual wage arrangements, for workers with housing or other facilities, and for workers receiving remedial training. You can either file a wage claim with the Division of Labor Standards Enforcement (the Office of the Commissioner of Labor) or take legal action against your employer to recover lost wages. If you no longer work for this employer, you can also claim the waiting period penalty under section 203 of the Labour Code. The unit or commission rate is used as the regular rate, and you get one and a half of that rate for production during the first four overtime hours of a working day, and twice the time for all hours worked beyond 12 hours on a business day. or you can use the menus at the top of this page, view our sitemap or browse our website: No, you are not entitled to overtime pay. Overtime is calculated based on the hours actually worked and you only worked 40 hours during the work week. Another example of where you receive your regular salary, but time doesn`t count towards overtime, is when you`re paid for vacation but don`t work that day. In such a case, the time on which the holiday pay is based to determine overtime does not count as hours worked because no work was performed. Hourly rate (regular wage rate for an hourly paid employee) – If more than 40 hours are worked, at least one and a half times the regular rate is due for each hour of more than 40 hours. However, there are a number of exceptions to the Overtime Act.

An “exemption” means that the Overtime Act does not apply to a particular classification of employees. There are also a number of exceptions to the above-mentioned general overtime law. An “exception” means that overtime worked in a particular classification of workers is paid on a basis other than that mentioned above. In other words, an exception is a special rule. (For special overtime rules for agricultural workers, see Overtime for agricultural workers.) The Department of Labour Standards protects all workers, including those who do not have papers or who are paid on the books, and ensures that employers comply with labour laws. Our goal is to ensure that all New York workers receive decent wages, that their right to an hour of meals or a day of rest is not violated, and to enforce New York State labor laws. For more information, see our English version of the comp time fact sheet. Public Law 62 of 2016, the Law on Notification of Trafficking in Human Beings, applies to the following entities: As of January 1, 2022, the new minimum wage requirement is $735.59 per week. The previous minimum wage requirement on January 1, 2021 was $700.97 per week.

Overtime must be paid at least one and a half times the employee`s regular wage for each hour worked in a work week that exceeds the maximum rate allowed in a given type of employment. In general, the regular rate includes all payments made by the employer to or on behalf of the employee (with the exception of certain statutory exclusions). The following examples are based on a maximum weekly working time of 40 hours, which applies to most insured and non-exempt workers. The equal pay provisions of the FLSA prohibit pay differentials between men and women employed in the same establishment and performing work that requires the same skills, effort and responsibilities and is performed under similar working conditions. These provisions, along with other laws prohibiting discrimination in the workplace, are enforced by the Equal Employment Opportunity Commission. For more information, call 1-800-669-4000 or www.eeoc.gov. No, employers are not obliged to pay double or triple the time off. If an employer has a written contract or policy that employees receive double or triple leave time, the employer is required to pay employees in accordance with the contract or written policy. 30.

In December 2020, the Department published a final rule entitled “Tip Regulations Under the Fair Labor Standards Act (FLSA)” (2020 Tip Final Rule) in the Federal Register.