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At cavnessHR, we deliver HR to companies with 49 or fewer people while retaining the human touch. Our website is currently up and it would be great if you could go to https://www.cavnessHR.com, sign up as a user, look around and give us your user feedback. For today we are going to talk about the Fair Labor Standards Act or FSLA. This is one of the pillars of compliance law. It's a lot to this, but basically and this is mainly for hourly or nonexempt workers. But mainly you have to pay for all hours worked and pay time and a half for hours worked over 40 hours a week. The minimum wage law at the Federal level is $7.25 per hour and it's been like that since July 24, 2009. But lots of states and a lot of cities have higher rates. So you have to be aware of the rate in your city or the location where your people are working. That's very important.
Also, overtime whatever you're paying your people hourly, you have to pay them time and a half if they work overtime. Now overtime is different in different states. Now most states overtime is 40 hours. For example, if someone was to work 10 hours, Monday, Tuesday, Wednesday and Thursday. That is 40 hours and they work five hours on Friday. They would be paid five hours overtime for the 5 hours on Friday. But in the state of Alaska using the same scenario 10 hours a day on Monday, Tuesday, Wednesday and Thursday. In the state of Alaska after they work eight hours on Monday. Hours 9 and 10 are considered overtime. Then come Tuesday, the first eight hours are regular time and then hours 9 and 10 are overtime. So be very aware of the laws in your state. FSLA is controlled by the U.S. Department of Labor.
An item people get in trouble for is this. A lot of workers they're working office environments and instead of leaving for lunch they stay at their desk. Whether it be 30 minutes or an hour and technically there's nothing wrong with this. The challenge is if they are at their desk and they do even one work-related item. They should be paid. For example, you have a secretary who does lunch at the desk. Then answers the phone, legally they should be paid for that time.
Usually what happens is you have someone working for you and everything's fine. This person has taken lunch at their desk and during their lunch, they are still doing work related items. Let's say a couple of years pass and for whatever reason, they get mad at you. More likely than not, they're going to go to the Department of Labor and file a wage complaint against you to receive that back pay. Usually, every time the Department of Labor is going to go on the side of the employee.
This is a quick down and dirty on FSLA today. Hopefully, you enjoy these weekly live streams. Any questions reach out to me at jasoncavness@cavnessHR.com. Thank you and remember to be great every day!!!
Also, overtime whatever you're paying your people hourly, you have to pay them time and a half if they work overtime. Now overtime is different in different states. Now most states overtime is 40 hours. For example, if someone was to work 10 hours, Monday, Tuesday, Wednesday and Thursday. That is 40 hours and they work five hours on Friday. They would be paid five hours overtime for the 5 hours on Friday. But in the state of Alaska using the same scenario 10 hours a day on Monday, Tuesday, Wednesday and Thursday. In the state of Alaska after they work eight hours on Monday. Hours 9 and 10 are considered overtime. Then come Tuesday, the first eight hours are regular time and then hours 9 and 10 are overtime. So be very aware of the laws in your state. FSLA is controlled by the U.S. Department of Labor.
An item people get in trouble for is this. A lot of workers they're working office environments and instead of leaving for lunch they stay at their desk. Whether it be 30 minutes or an hour and technically there's nothing wrong with this. The challenge is if they are at their desk and they do even one work-related item. They should be paid. For example, you have a secretary who does lunch at the desk. Then answers the phone, legally they should be paid for that time.
Usually what happens is you have someone working for you and everything's fine. This person has taken lunch at their desk and during their lunch, they are still doing work related items. Let's say a couple of years pass and for whatever reason, they get mad at you. More likely than not, they're going to go to the Department of Labor and file a wage complaint against you to receive that back pay. Usually, every time the Department of Labor is going to go on the side of the employee.
This is a quick down and dirty on FSLA today. Hopefully, you enjoy these weekly live streams. Any questions reach out to me at jasoncavness@cavnessHR.com. Thank you and remember to be great every day!!!
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