It is so tempting to say yes when a hard-working employee wants to do this project this week and take an extra day off next week to go north. However, you are an accomplished HR professional and you know that the employer is ultimately responsible for accurately tracking all hours worked by the employee. Even if the employee “agrees” to “just record” the hours the following week, you know that this is not a defense against a payroll and hours of work lawsuit. As I wrote in a previous post, the RSA`s record-keeping requirements are the duty of the employer – not the employee (although employers ask employees to help them in this regard, this does not change the employer`s duty). Canadian law allows you to offer banking overtime, no matter where your business is located in the country. However, keep in mind that Ontario has provincial laws regarding banking overtime that you must be aware of and follow if your business is located in the province. Whether or not your domestic worker is eligible for state or federal overtime depends on the duties and details of the position, such as whether they live there or outside. As an employer, you need to research what your employee is legally entitled to so that you can cover all your bases. Wisconsin law states that if an employer pays the overtime premium directly as wages or offers compensatory time to the employee, the employer is required to pay the individual 1.5 times their regular overtime pay rate. If the employer pays the overtime premium by allowing the employee to use compensatory hours, the employee is entitled to 1.5 hours of compensatory time for each hour of overtime worked.
Non-government employers must also ensure that the employee uses compensatory time within 31 days of obtaining the time. Your overtime will always count towards your overtime rate. For example, if you are paid an hour and a half (1.5 times your regular rate) for overtime and you have two overtime hours, you have three banking hours available. If you can count overtime, the Bank Overtime check box appears in the lower-left corner of the timesheet. An AWS can perform well on a stricter schedule, such as a manufacturing operation. This doesn`t work well in smoother surgeries where the schedule can be variable, such as on construction or in a doctor`s office. Other restrictions apply. For example, if the employee does not get enough work to complete his or her 10-hour day, but only works 9 hours at the employer`s request, the employee is entitled to overtime for the ninth hour of that day. You can use custom agreements between you and an individual employee, or set up a group overtime agreement that covers all employees. The second way employers can manage a longer working day without overtime is the option of “alternative working weeks”, which is mentioned in subsection B of the same Article 3 of the Wage Code. An Alternate Work Week Schedule (AWS) allows the employer to create a fixed schedule that includes otherwise daily overtime.
For example, the employer may set up a schedule of 10 hours per day for a work week from Monday to Thursday for a total of 40 hours. No overtime would be due for the 9th and 10th hours of each of these days. Similarly, some employers implement a so-called “9/80” AWS. According to this schedule, hourly employees work 9 hours a day from Monday to Thursday, then 8 hours every other Friday. The 7-day week starts in the middle of the Friday shift, so employees have every other Friday off, with work weeks of 36 and 44 alternating from week to week. However, since the “work week” officially begins on Friday afternoon, the law provides for a 40-hour week per week, so there is no weekly overtime. Bank overtime is another way to pay employees for overtime worked. Paid time off for employees for overtime could be a benefit your employees would prefer, so maybe it`s something you should consider. To offer banking overtime to your employees, simply record their overtime as you would regularly. Then, you can convert overtime to paid time off, which allows you to calculate how much time they`ve accumulated outside of work. Bank opening hours or transporting your nanny`s hours is illegal.
Federal wage and hour laws require your domestic worker to be paid for every hour they work during the work week. If there are hours worked more than 40 hours in a work week, you must pay them at an overtime rate of at least 1.5 times your regular wages. The purpose of these laws is that employers cannot transfer hours from one week to the next to avoid overtime. State laws may vary slightly, so read more here for more information. And always applies all the more to the employee of federal and state rules. Illinois law states that compensating for time off instead of paying overtime is not legal. For example, your administrator may have specified that all hours you work beyond 10 hours per day will be automatically credited, while you may have the choice to record all hours you work between 8 and 10 hours in a single day. If all your overtime is automatically credited, you don`t have a Bank Overtime checkbox, and any overtime you enter in your timesheet will automatically count towards it. If your company pays its employees by the hour, you`ll probably need to budget for overtime.
Non-exempt workers who usually work more than 40 hours per week earn 1.5% of their regular hourly rate for each overtime hour worked. During busy times of the year or when you`re understaffed, overtime can add up quickly. If you don`t pay overtime and are asked to do so, it could be a devastating mistake.