Nextep's Professionals are often asked about Wage and Hour laws. Below are some of the most popular questions.
Am I required to give my employees breaks and/or lunch breaks?
Federal labor law does not require employers to give breaks or lunch periods, but it is a good practice. Some states do have different mandates and must be followed if they would benefit the employee more.
How long may an employer wait before paying a terminated employee the final paycheck?
It varies by state. In Texas, employers are allowed six calendar days to pay an involuntarily terminated employee. If the employee has voluntarily quit, the employer may pay the employee on the next scheduled payday. In Oklahoma, an employer may wait until the next scheduled payday regardless of the circumstances.
If an employee gives a two-week resignation, do I have to allow them to continue for two weeks?
Employers may choose to accept a resignation immediately. Employers are not obligated to pay for the remaining notice period if the employee does not work that period. However, if an employer accepts advance notice of resignation from an employee immediately, it may change the termination from voluntary to involuntary in the eyes of the state unemployment agency. This could make the employee eligible for unemployment benefits because the employer made the final decision regarding the end of the employee's employment. In any event, always obtain a resignation letter from an employee who voluntarily leaves your company.
Is a higher pay rate required for night/weekend/holiday work?
No, not according to the Fair Labor Standards Act (FLSA). However, if your handbook states or customary practice is to pay a premium for working those hours, you must apply it to everyone.
Can I offer my employees Comp Time in lieu of paying overtime?
No. Comp time is illegal in the private sector and reserved only for state or government employees. Overtime MUST be paid for the week in which it is earned and cannot be applied to future weeks or added to a PTO balance.
For answers to your company's wage and hour questions, please contact firstname.lastname@example.org or email@example.com.