Which states have overtime laws

Employees working for seasonal recreation businesses can earn overtime after 45 hours. North Dakota. Rhode Island. Certain businesses must pay overtime on Sundays and during specified holidays. South Carolina. South Dakota. West Virginia. Employers with 6 or more employees must follow the overtime laws. The information contained in the chart above was sourced and fact-checked on a number of websites, including state-specific government sites.

Payroll rules change and include many exceptions and special circumstances when it comes to overtime requirements. Readers should consult with legal and human resource professionals or other regulatory governing bodies as required in their particular circumstances.

Erika is a savvy Millenial on Wagepoint's marketing team. Now a retired soccer player, she spends a lot of time browsing Twitter to stay updated on the current trends - especially when it comes to memes. With a hand in all things marketing, she likes to keep things fun and useful for Wagepoint's customers.

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Wagepoint is about delivering treats, not tricks — we promise! Therefore, computer employees in Pennsylvania must receive overtime. Should I be receiving holiday pay?

The FLSA does not require employers to pay time and a half for work done on holidays or weekends, so unless your state specifically requires employers to give holiday pay or overtime on weekends, you will earn normal wages on these days. Can I be forced to work overtime? Typically, yes. Some states have mandatory rest periods or days of rest, but the majority of states do not have any such restrictions, so employers can schedule adult workers for any length shift and for as many days in a row as they like.

These are bonuses that are promised or expected , such as regular attendance awards, commissions, gainsharing, or quarterly rewards for reaching certain goals. Some examples of discretionary bonuses include prizes given to winners at a company picnic or holiday bonuses, which can vary depending on the year. A bonus does not need to be given regularly in order to be non-discretionary.

It only needs to be expected. The difference between a discretionary bonus given in recognition of a job well done and a non-discretionary bonus given for the same reason is the non-discretionary bonus was anticipated. The employee knew how much they would be receiving if they were to reach that goal. They were promised the bonus in exchange for achieving the goal. Everyone sees a boost, not only from the bonus but also in their regular paycheck, which shows higher wages for overtime and normal working hours.

Exempt employees are employees who do not have to be paid overtime. In other words, they are exempt from receiving overtime pay under the FLSA. Most employees, including some salary employees, are nonexempt, meaning they must receive overtime pay for their overtime hours. What jobs are exempt from receiving overtime pay under the FLSA? The FLSA exempts a number of employees from receiving overtime. Most people assume this means salaried workers, but that is not inherently true.

All kinds of employees are exempt or nonexempt. Even some hourly employees are exempt from receiving overtime, depending on their work and salary. Many states have their own overtime exemptions. Some have laws that make FLSA exempt employees nonexempt. Skip to content. Here are the basics to consider, first. Most common overtime pay violations. Click to Enlarge. Daily Overtime: California non-exempt workers are entitled to daily overtime if they work over 8 hours in a single day.

Golden Time Rule: If you work more than 12 hours in any one day, you get paid double for any hours worked over Claim Filing Deadline: The statute of limitation for claims alleging the non-payment of wages is 2, 3, or 4 years depending on the type of claim.

Breaks: If an employee works over 5 hours in a day, they get a 30 minute meal break. Class Actions: Overtime wage claims may be brought as true class actions under California state law. Reporting Pay: If an employee reports for duty for a scheduled shift, whether assigned to actual work or not, they are entitled to be paid the minimum wage rate for at least three hours for one shift or the number of hours regularly scheduled shift; whichever is less.

Reporting pay is not required in most states or under federal labor law. Breaks: Factory workers must be given at least a 60 minute break. Claim Filing Deadline: New York provides a 6 year statute of limitations-verses a default 2 years under federal law. Please log in as a SHRM member. Cancel Sign In. Please purchase a SHRM membership before saving bookmarks. OK Join. An error has occurred. From Email.

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