COVID-19 or Other Public Health Emergencies and the FLSA.Minimum Wage and Overtime Pay for Direct Care Workers.Misclassification of Employees as Independent Contractors.Information on Furloughs and Other Reductions in Pay.Employment Law Guide: Minimum Wage and Overtime Pay.Guía Práctica Referente a la Ley de Normas Justas de Trabajo.More information about the rule can be found here. The Department believes that its proposed rule would reduce the risk that employees are misclassified as independent contractors, while providing added certainty for businesses that engage (or wish to engage) with individuals who are in business for themselves. The NPRM proposes to rescind the rule, Independent Contractor Status Under the Fair Labor Standards Act ( 2021 IC Rule), that was published on January 7, 2021, and replace it with an analysis for determining employee or independent contractor status that is more consistent with the FLSA as interpreted by longstanding judicial precedent. Department of Labor published a Notice of Proposed Rulemaking (NPRM) that proposes to revise the Department’s guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). Child Labor: These provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.Employers must also keep employee time and pay records. Recordkeeping: Employers must display an official poster outlining the requirements of the FLSA.Hours Worked: Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days. There is no limit on the number of hours employees 16 years or older may work in any workweek. FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay.In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage. FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009.Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Proposed revisions include increasing the standard salary level and the highly compensated employee total annual compensation threshold, as well as providing an automatic updating mechanism that would allow for the timely and efficient updating of all the thresholds to reflect current earnings data. The NPRM proposes to update and revise the regulations issued under section 13(a)(1) of the Fair Labor Standards Act implementing the exemption from minimum wage and overtime pay requirements for executive, administrative, and professional employees. NOTICE: On August 30, 2023, the Department of Labor (Department) announced issuance of a Notice of Proposed Rulemaking (NPRM), Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees. Track your regular work hours, break time, and overtime hours.
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