Beware of Overtime by Barbara S. Miller

In these difficult economic times, many employers are asking their employees to work additional hours rather than hire new help. Unless an employee is exempt under federal and state law, overtime pay must be given for time worked over forty hours in one week. Overtime exemptions are available to general categories such as administrative, executive, professional and outside sales personnel, but the legal regulations have strict requirements for each of these positions. Merely putting an employee on “salary” does not get around overtime requirements. Also, “comp time” is usually not available for employees who are entitled to overtime pay. All employees who are subject to overtime requirements must keep an accurate record of hours worked each day. An employee complaint to the labor department can result in an audit of payroll practices for the entire company, and result in levies of back pay and fines. When it comes to payment of wages, it is better to be safe than sorry. If you have any questions about overtime, please call Barbara Miller.

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