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Wage & Overtime Law

Alabama

Federal minimum wage and overtime regulations apply in the State of Alabama. There is no state-specific Alabama Overtime Law.

For more information regarding Alabama Overtime Law visit the Alabama Department of Labor at http://www.alalabor.state.al.us/FAQ.htm

Alaska

Alaska’s Minimum Wage

Alaska’s minimum wage is currently $7.25 per hour. Effective 1/1/2010, the minimum wage will be $7.75 per hour.

Alaska’s Record-Keeping Requirements

Alaska employers must give their employees a pay-stub each pay period that explains how long the employee worked (hours), how much money the employee earned and how much money was actually paid.

The stub must include the number of hours actually worked; the employee’s rate of pay; the gross wages; the deductions for taxes; and other deductions the employee had authorized (if any) the employer to make. The pay-stub must also state the beginning and ending dates of the pay period.

Alaska’s Wage Payment Requirements

Payment on Termination:
If you are terminated by your employer, your employer must pay you all monies owed within three working days of termination (not including weekends and holidays).

Payment After Quitting:
If you quit, you must be paid by the next regular payday that is at least three working days after your last day worked.

Withholding of Wages:
Alaska Law allows and employer to withhold wages, only under certain conditions. Cash or cash register shortages, lost, missing, or stolen property as long as the employee has admitted willingly and in writing, to having personally taken the specific amount of cash or property alleged to be lost, missing or stolen may be withheld. If an employee has borrowed money from a third party, the employee can give the employer written permission to deduct payments from your earnings. If the employer has loaned an employee funds, they can deduct the amount from their earnings as long as you have given written authorization. As a general rule, deductions cannot reduce your gross pay below minimum wage or cut into your overtime.

Breaks and Meal Periods

Alaskan employers are required to provide break periods of at least 30 minutes for minors ages 14 – 17 who work 5 or more consecutive hours. Employers are not required to give breaks for employees 18 and over. If your employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if it lasts more than 20 minutes and you do no work during that time.

Alaska Overtime Law

Under Alaska Overtime Law, most employees in Alaska must be paid overtime compensation for hours worked over 8 per day or 40 straight-time hours per week, whichever occurs. Overtime compensation is 1 1/2 times the employee’s straight-time rate of pay. In order to be eligible for overtime pay, employees must work at an employer that employs four (4) or more employees.

To learn more about Alaska Overtime Law visit the Alaska Division of Labor Standards and Safety at http://labor.state.ak.us/lss/whhome.htm

Arizona

The federal minimum wage and overtime regulations currently apply in the State of Arizona. There is no state-specific Arizona Overtime Law.

To learn more about Arizona Overtime Law visit the Industrial Commission of Arizona at http://www.ica.state.az.us/faqs/labor/wage_payment_laws.html

Arkansas

Arkansas Minimum Wage Law

Effective October 1, 2006, the minimum wage in Arkansas was increased to $6.25. ALL employers having four or more employees must pay this wage, even employers covered by federal minimum wage and overtime laws. The minimum wage for tipped employees is $2.63 per hour as long as tips added to that bring the wage up to $6.25 per hour.

Arkansas Work Time and Breaks

Breaks of less than 20 minutes are considered work time, and the employer must pay the worker for those breaks. Neither state nor federal law requires an employer to provide a break or a meal period.

Arkansas Time For Payment Of Wages

Workers who are fired by a corporation must be paid their last paycheck within seven days of being fired, if demanded. In all other cases, payment must be made at the regularly scheduled payday.

Arkansas Direct Deposit

Employers may NOT require employees to have their checks direct deposited into a bank account. The worker has the right to refuse to use direct deposit. He may do so by giving the employer a written and signed letter that says the worker does not want direct deposit.

Arkansas Overtime Law

Under Arkansas Overtime Law, most Arkansas employees are entitled to overtime premium pay of time and a half their regular rate of pay for all hours over 40 in a workweek. The Arkansas Overtime Law does have several exemptions however, like the Federal Overtime Law.

To learn more about Arkansas Overtime Law visit the Arkansas Department of Labor at http://www.arkansas.gov/labor/laws_regs/minimum-wage_overtime.html

California

California Minimum Wage

Effective January 1, 2008, the minimum wage in California is $8.00 per hour.

The California minimum wage is an obligation of the employer and cannot be waived by any agreement, including collective bargaining agreements. Any remedial legislation written for the protection of employees may not be violated by agreement between the employer and employee. Civil Code Sections 1668 and 3513.

For sheepherders, however, effective July 1, 2002, the minimum wage was set at $1,200.00 per month. Effective January 1, 2007 this wage was increased to a minimum monthly salary of $1,333.20. Effective January 1, 2008, the minimum monthly salary for sheepherders will be $1,422.52. Wages paid to sheepherders may not be offset by meals or lodging provided by the employer. Instead, there are provisions in IWC Order 14-2007, Sections 10(F), (G) and (H) that apply to sheepherders with respect to monthly meal and lodging benefits required to be provided by the employer.

No Tip Credit Towards California Minimum Wage

Unlike the federal minimum wage, an employer may not use an employee’s tips as a credit toward its obligation to pay the minimum wage.

California Overtime Law

Under California Overtime Law, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek is permissible provided the employee is compensated for the overtime at not less than:

  • One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
  • Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

There are, however, a number of exemptions from the California Overtime Law. An “exemption” means that the California Overtime Law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An “exception” means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.

California Overtime Law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to an including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee’s regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.

An employer can discipline an employee if he or she violates the employer’s policy of working overtime without the required authorization. However, California’s wage and hour laws require that the employee be compensated for any hours he or she is “suffered or permitted to work, whether or not required to do so.” California case law holds that “suffer or permit” means work the employer knew or should have known about. Thus, an employee cannot deliberately prevent the employer from obtaining knowledge of the unauthorized overtime worked, and come back later to claim recovery. The employer must have the opportunity to obey the law.

To learn more about California Overtime Law visit the California Department of Industrial Relations’ website at http://www.dir.ca.gov/dlse/FAQ_overtime.htm

Colorado

Colorado Minimum Wage

The Colorado Minimum Wage is $7.28 per hour for all adult employees and emancipated minors, as of January 1, 2009.

Minimum Wage Credits and Exceptions

  • 1. Up to $25 per week for lodging furnished by the employer may count towards the Colorado Minimum Wage.
  • 2. Reasonable cost of meals provided to the employee may count towards the Colorado Minimum Wage.
  • 3. Unemancipated minors under 18 may be paid $6.19 per hour.
  • 4. Employees with physical disability certified by the Director may be paid $6.19 per hour.
  • 5. Deductions from wages must be in accordance with the Colorado Wage Act.

Colorado Tipped Minimum Wage

As of January 1, 2009, the Colorado Tipped Minimum Wage is $4.26 per hour ($7.28-$3.02). No more than $3.02 per hour in tip income may be used to offset the minimum wage of tipped employees.

An employee engaged in an occupation where he or she customarily and regularly receives more than $30 per month in tips is defined as a tipped employee.

Employers must pay a wage of at least $4.26 per hour. If tips combined with wages do not equal minimum wage, the employer must make up the difference in cash wages.

Employer-required sharing of tips with employees who are not customarily tipped nullifies tip credits towards minimum wage.

Deduction of credit card processing fees from tipped employees nullifies tip credits towards minimum wage.

Meal Periods and Rest Periods

Meal Periods:
Employees are entitled to an uninterrupted and dutyfree 30-minute unpaid meal period when their work shift exceeds 5 consecutive hours. The employee must be completely relieved of all duties for the meal period. If the above conditions are not met, then the employee must be allowed to consume a meal on-duty, and be compensated for the entire on-duty meal period.

Rest Periods:
Employees are entitled to a compensated 10-minute rest period for each 4 hours of work or major fractions thereof. Wages may not be deducted for the rest period. It is not required that the employee be permitted to leave the premises for the rest period.

Colorado Overtime Law

In general, non-exempt employees covered by the Wage Order must be paid time and one-half their regular rate of pay for any work in excess of:

  • 40 hours per workweek.
  • 12 hours per workday.
  • 12 consecutive hours without regard to the start and end time of the workday.
To learn more about Colorado Wage and Hour Law and Colorado Overtime Law visit the Colorado Department of Labor and Employment at http://www.coworkforce.com/

Connecticut

Connecticut’s Minimum Wage

Connecticut’s minimum wage is currently $8.00 per hour.

Recordkeeping

Each employer is required to keep at the place of employment for a period of three years a true and accurate time and wage record for each employee. The records shall also show the following:

  • name
  • home address
  • occupation
  • total daily and weekly hours worked showing the beginning and ending time of each work period, computed to the nearest unit of 15 minutes
  • total hourly, daily, or weekly basic wage
  • overtime wage as a separate item
  • addition and deductions from wages each pay period
  • total wages paid each pay period
  • working certificates for 16-18 year old employees

Frequency of Payment

Each employer shall pay weekly all moneys due each employee on a regular payday, designated in advance by the employer in cash or negotiable check or upon the employee’s written request, by credit to such employee’s bank account.

Last Paycheck

The employer shall pay an employee who voluntarily terminates or is laid off on the next regular payday. If an employee is discharged all wages are due the next business day.

Withholding of Wages

No employer may withhold or divert any portion of an employee’s wages unless required or empowered by state or federal law, the employer has written authorization from the employee on a form approved by the Labor Commissioner, or for a medical premium or retirement plan.

Recordkeeping

Each employer shall advise his employees in writing, at the time of hiring, the rate of remuneration hours of employment and wage payment schedules and make available to his employees either in writing or through a posted notice, any employment practices and policies or change therein with regard to wages, vacation pay, sick leave, health and welfare benefits and comparable matters.

Connecticut Overtime Law

Each employer shall pay 1-1/2 times the employee’s regular rate of pay after 40 hours in the workweek. Overtime pay is due for actual hours worked over 40. Connecticut Overtime Law does not require employers to pay overtime on a daily basis, weekends, or holidays except by agreement.

To learn more about Connecticut Overtime Law visit the Connecticut Department of Labor at http://www.ctdol.state.ct.us/wgwkstnd/wage-hour/pay002.htm

Delaware

Delaware Minimum Wage

The minimum wage is $7.25 as of July 24, 2009.

Delaware Tipped Minimum Wage

The minimum cash wage payable to employees who receive tips is $2.23 per hour effective October 1, 1996. Tips may not be taken or retained by an employer except as required by law. Tip pooling is permitted (under certain circumstances) in an amount not to exceed 15% of the actual tips received by the employee.

Payment of Wages

Wages must be paid at least once each month. Employees must be paid all wages within seven (7) days from the close of each pay period with some exceptions. If the payday falls on a non-work day, payment shall be made on the preceding workday. If an employee is not present on the regular payday, payment shall be made on the next regular workday that the employee is present or by mail. (only if requested by the employee). Wages may be paid to a bank account designated by an employee (upon the employee’s written request). Wages may be paid in cash or by check (provided that suitable arrangements are made by the employer for cashing at a bank or other business establishment convenient to the work place).

Last Paycheck

Whenever an employee quits, resigns, is discharged, suspended or laid off, the wages earned shall be paid on the next regularly-scheduled payday(s) either through the usual pay channels or by mail (if requested by the employee) as if employment had not been suspended or terminated.

Notice Requirements

Employers of 4 or more employees must notify employees in writing at the time of hire of: (1) Rate of pay; (2) Day, hour and place of payment; and (3) Employer’s fringe benefits and policies.

They must also Notify employees in writing of any reductions in the rate of pay, and any changes in the day, hour or place of payment, or benefits.

Recordkeeping

Employers of 4 or more employees must also furnish pay-stubs to employees laying out the: (1) Amount of wages due; (2) Pay period covered by the payment; (3) Amounts of deductions (separately specified) which have been made from the wages; and (4) Total number of hours worked in the pay period (for employees who are paid on an hourly rate).

Employers must keep records including; rates of pay, hours worked, and amount paid for each worker, for three (3) years.

Delaware Overtime Law

Currently, there is no state-specific Delaware Overtime Law. Delaware follows the Federal Overtime Law (FLSA).

To learn more about Delaware Wage and Hour Law and Delaware Overtime Law visit the Delaware Department of Labor at http://www.delawareworks.com/

District of Columbia

Federal minimum wage and overtime regulations apply in the District of Columbia.

Florida

Florida Minimum Wage

As of January 1, 2010, the minimum wage for Florida will remain unchanged at the federal rate of $7.25 per hour. The new federal minimum wage went into effect July 24, 2009. Federal law requires that employers pay the higher of the federal or state minimum wage. The federal minimum wage will prevail over the state rate until such time as the Florida minimum wage becomes higher than the federal rate.

Florida law requires the Agency for Workforce Innovation to calculate a new minimum wage each year and publish the new minimum wage on October 15. The annual calculation is based on the percentage change in the federal Consumer Price Index for urban wage earners and clerical workers in the South Region for the 12-month period prior to September 1, 2009. With the higher federal minimum wage taking precedence over the state rate, that calculation will not be applied to Florida’s minimum wage in 2010.

Florida Wage and Hour Definitions

Employers must pay their employees the hourly state minimum wage for all hours worked in Florida. The definitions of “employer,” “employee” and “wage” for state purposes are the same as those established under the federal Fair Labor Standards Act (FLSA). Employers of “tipped employees” who meet eligibility requirements for the tip credit under the FLSA, may count tips actually received as wages under the FLSA. However, the employer must pay “tipped employees” a direct wage. The direct wage is calculated as equal to the minimum wage ($7.25) minus the 2003 tip credit ($3.02), or a direct hourly wage of $4.23 as of July 24, 2009.

Florida Overtime Law

At this time, there is no state-specific Florida Overtime Law. Therefore, Florida employer’s are simply required to follow the Fair Labor Standards Act (FLSA).

Georgia

Federal minimum wage and overtime regulations apply in the State of Georgia. There is no state-specific Georgia Overtime Law or Georgia Minimum Wage Law.

To learn more about Georgia Wage and Hour Law and Georgia Overtime Law visit the Georgia Department of Labor at http://www.dol.state.ga.us/em/employment_laws_rules.htm

Hawaii

Federal minimum wage and overtime regulations apply in the State of Hawaii.

Hawaii Overtime Law also provides for additional exemptions of certain employees from overtime, such as those guaranteed to make at least $2,000.00 per month, regardless of their occupation or duties.

To learn more about Hawaii Wage and Hour Law and Hawaii Overtime Law visit the Hawaii Department of Labor and Industrial Relations at http://hawaii.gov/labor/wsd/overtime.shtml

Idaho

Federal minimum wage and overtime regulations apply in the State of Idaho. There is no state-specific Idaho Overtime Law.

To learn more about Idaho Wage and Hour Law and Idaho Overtime Law visit the Idaho Department of Labor at http://labor.idaho.gov/pdf/wagehour.pdf

Illinois

Illinois Minimum Wage Law

Minimum wage in Illinois is $8.00 per hour for those individuals who are 18 years and older. Employees who do NOT receive tips may be paid $7.50 for the first 90 days with employer. Those under 18 years of age may be paid at the rate of $7.50 per hour.

Illinois Tipped Minimum Wage

Tipped employees must be paid minimum wage, but an employer may take credit for the employee’s tips in an amount not to exceed 40% of the wages. An employer may pay a training wage for tipped employees 18 and over in the amount of $4.50 for the first 90 days if applying the tip credit of 40% or $7.50 if not utilizing the tip credit. After 90 days, the rate must be increased to $4.80 if utilizing the tip credit of 40% or $8.00 if not utilizing the tip credit.

Illinois Overtime Law

You are entitled to pay at time and one half your regular rate of pay if you worked over 40 hours in a workweek.

To learn more about Illinois Wage and Hour Law and Illinois Overtime Law visit the Illinois Department of Labor at http://www.state.il.us/Agency/idol/FAQ/qamwot.htm

Indiana

Indiana Minimum Wage

The Indiana minimum wage is currently the same as the federal minimum wage, $7.25 per hour. However, certain employers not covered by the federal minimum wage may still be covered by the Indiana Minimum Wage Law.

Indiana Tipped Minimum Wage

Tipped employees must be paid at least the minimum wage. The employer is required to pay a base hourly wage of $2.13 an hour. If the employee is not compensated at a rate equal to the minimum wage after adding any tips he/she received to the base hourly wage of $2.13 an hour, the employer must pay the employee the difference. If the employee earns more than the minimum wage after adding the tips he/she received to the hourly wage of $2.13 an hour, the employer has fulfilled his/her obligation. A tipped employee means any employee engaged in an occupation in which he/she customarily and regularly receives more than $30 a month in tips.

Employers Covered By The Indiana Minimum Wage Law

Indiana employers with 2 or more employees are covered by the Indiana Minimum Wage Law and Indiana Overtime Law. Therefore, most Indiana employers and employees are covered by the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA); however those not covered under federal law may still be covered by the Indiana Minimum Wage Law.

Last Paycheck

Final wages must be paid on or before the next regularly scheduled payday on which the employee would have been normally paid had the employee remained employed.

Indiana Overtime Law

Both the federal Fair Labor Standards Act (FLSA) and the Indiana Minimum Wage Law generally require employers to pay employees 1 1/2 times their regular rate of pay (“overtime compensation”) when employees work more that forty (40) hours during a work week. However, there are many exceptions to the overtime pay requirements of both federal and state law. Most of the exceptions to Indiana state law can be found at Indiana Code S 22-2-2-3 (a) – (p).

To learn more about Indiana Wage and Hour Law and Indiana Overtime Law visit the Indiana Department of Labor at http://www.in.gov/dol/2345.htm

Iowa

Iowa Minimum Wage Law

Iowa Minimum Wage is currently the same as the federal minimum wage, $7.25 per hour.

Iowa Tipped Minimum Wage

If you make $30 per month or more in tips, the employer may pay as little as $4.35 per hour. If in any work week the wage the employer pays you and the tips you receive do not average at least $7.25 per hour, the employer is required to pay the difference.

Iowa “Initial Employment Wage”

An Iowa employer is allowed to pay an “initial employment wage” of $6.35 per hour for the first 90 days. Iowa’s “initial employment wage” is not the same thing as the federal “training wage” that allows certain employees to be paid less than minimum wage.

Employers Covered By Iowa Minimum Wage Law

Generally employers that gross at least $300,000 in sales or business per year must comply with the Iowa Minimum Wage Law. In addition, some types of employers or “named enterprises” must comply with the law regardless of business “Named enterprises” that must comply with the Iowa Minimum Wage Law regardless of business volume include: public agencies; hospitals and residential care facilities for the sick, elderly, mentally or physically handicapped or gifted children; schools and preschools; public transportation subject to state or local regulation; most daycares; and employers engaged in construction, laundry and dry cleaning. Certain in-home daycares with five or fewer children and with only one employee, or whose only employees are members of that individual’s immediate family, are excluded from the Iowa minimum wage law. Some types of employers are not required to comply with the Iowa Minimum Wage Law, such as certain employers in agriculture, certain summer camps, and others.

Iowa Overtime Law

There is no state-specific Iowa Overtime Law. Iowa law only requires overtime if overtime is included in the employment agreement or contract between employer and employee.

To learn more about Iowa Wage and Hour Law and Iowa Overtime Law visit the Iowa Division of Labor Services at http://www.iowaworkforce.org/labor/wage.htm

Kansas

Kansas Minimum Wage Law

Kansas Minimum Wage is $2.65 for all workers over the age of 18 years old. As of January 1, 2010, Kansas Minimum Wage will rise to $7.25, the same as the current Federal Minimum Wage.

Kansas Overtime Law and Minimum Wage Coverage

Employees and employers who are covered by the Fair Labor Standards Act (FLSA), the Federal wage and hour law, are not covered by the Kansas Overtime Law or Kansas Minimum Wage Law.

Kansas Overtime Law

Under Kansas Overtime Law, overtime pay is required after 46 hours of work in a work week.

To learn more about Kansas Wage and Hour Law and Kansas Overtime Law visit the Kansas Department of Labor at http://www.dol.ks.gov/ES/HTML/laws_RES.html

Kentucky

Kentucky Minimum Wage

Effective July 1, 2009, the minimum wage rate will increase to $7.25 per hour.

Rest Periods

Employees are entitled to a rest period of at least ten (10) minutes during each four (4) hours worked except those employees who are under the Federal Railway Labor Act. This shall be in addition to the regularly scheduled lunch period. No reduction in compensation shall be made for hourly or salaried employees.

Lunch Periods

Employees, except those subject to the Federal Railway Labor Act, are entitled to a reasonable period for lunch, and such time shall be as close to the middle of the employee’s scheduled work shift as possible. In no case shall an employee be required to take a lunch period sooner than three (3) hours after the work shift commences, nor more than five (5) hours from the time the work shift commences. However, this provision may be negotiated by a collective bargaining agreement or mutual agreement between the employee and employer.

Recordkeeping

Every employer subject to the provisions of the Kentucky Minimum Wage Law shall make and preserve records containing the following information:

  • (a) Name and address of each employee
  • (b) Hours worked each day and each week by each employee
  • (c) Regular hourly rate of pay
  • (d) Overtime hourly rate of pay for hours in excess of forty hours in a workweek
  • (e) Additions to cash wages at cost, or deductions (meals, board, lodging, etc.) from stipulated wages in the amount deducted, or at cost of the item for which deductions are made
  • (f) Total wages paid for each workweek and date of payment.
Such records shall be kept on file for at least one year after entry. No particular form or order is prescribed for these records provided that the information required is easily obtainable for inspection purposes.

Kentucky Payday Rules

Every employer doing business in Kentucky is required, as often as semimonthly, to pay to each of its employees all wages or salary earned to a day not more than eighteen (18) days prior to the date of that payment. Any employee who is absent at the time fixed for payment, or who, for any other reason, is not paid at that time, shall be paid thereafter at any time upon six (6) days’ demand. No employer subject to this section shall, by any means, secure exemption from it. Every such employee shall have a right of action against any such employer for the full amount of his wages due on each regular pay day.

Last Paycheck

Any employee who leaves or is discharged from employment shall be paid in full all wages or salary earned not later than the next normal pay period following the date of dismissal or voluntary leaving or fourteen (14) days following such date of dismissal or voluntary leaving whichever last occurs. No employer shall, by any means, secure exemption from this requirement.

Kentucky Overtime Law

Under Kentucky Overtime Law, no employer shall employ any employee for a workweek longer than forty hours unless such employee receives compensation for employment in excess of forty hours in a workweek at a rate of not less than one and one-half times the hourly rate employed. There are certain exemptions to the Kentucky Overtime Law, based on employees’ job duties and whether they are salaried or not.

In addition to the above, the Kentucky Overtime Law provides that any employer who permits any employee to work seven days in any one workweek shall pay the rate of time and a half for the time worked on the seventh day. There are certain exceptions to this general rule however.

To learn more about Kentucky Wage and Hour Law and Kentucky Overtime Law visit the Kentucky Labor Cabinet at http://www.labor.ky.gov/ows/employmentstandards/wagehourregulations.htm

Louisiana

Louisiana Overtime Law and Minimum Wage Law

There is no Louisiana Overtime Law. Louisiana has no wage laws concerning overtime, minimum wage, or the regulation of salaried employees. The United States Department of Labor’s (USDOL) Wage and Hour Division enforces the Fair Labor Standards Act regulating minimum wage, overtime and salaried employees.

Last Paycheck

Louisiana employees who are laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 15 days from the date of their discharge or termination. Wages include vacation time earned by the employee. An employee should send a written demand for payment of their final wages to their employer. After receipt of a written demand, the employer must pay all wages owed to the employee on a timely basis or be subject to a penalty that may be imposed by a court. Claims against an employer for late payment may be filed by way of a private lawsuit. The Louisiana Workforce Commission does not have the authority to enforce this law. You may review this law at (R.S. 23:631) – (R.S. 23:632).

Unauthorized Deductions from Paycheck

Under Louisiana law (R.S. 23:635), an employer is prohibited from penalizing an employee or deducting any sum of money as a penalty or fine from the employee’s wages, except where the employee damages property belonging to the employer or property in the possession of the employer. The deduction, though, cannot exceed the actual damage done.

To learn more about Louisiana Wage and Hour Law and Louisiana Overtime Law visit the Louisiana Workforce Commission at http://www.laworks.net/FAQs/FAQ_LouisianaLaborLaws.asp

Maine

Maine Minimum Wage Law

Starting October 1, 2009, the minimum hourly wage is $7.50 per hour. If the highest federal minimum wage is increased in excess of the minimum wage in effect under Maine Law, the Maine minimum wage is increased to the same amount, effective on the same date as the increase in the federal minimum wage.

Maine Tip Credit Minimum Wage

An employer may consider tips as part of the wages of a service employee, but such a tip credit may not exceed 50% of the minimum hourly wage established in this section. An employer who elects to use the tip credit must inform the affected employee in advance and must be able to show that the employee receives at least the minimum hourly wage when direct wages and the tip credit are combined. Upon a satisfactory showing by the employee or the employee’s representative that the actual tips received were less than the tip credit, the employer shall increase the direct wages by the difference.

The tips received by a service employee become the property of the employee and may not be shared with the employer. Service employees may volunteer to pool their tips to be split among other service employees or may volunteer to share a part of their tips with other employees who do not generally receive tips directly from customers. Tips that are automatically included in the customer’s bill or that are charged to a credit card must be given to the service employee. A tip that is charged to a credit card must be paid by the employer to the employee by the next regular payday and may not be held while the employer is awaiting reimbursement from a credit card company.

Rest Breaks

In the absence of a collective bargaining agreement or other written employer-employee agreement providing otherwise, an employee, may be employed or permitted to work for no more than 6 consecutive hours at one time unless he is given the opportunity to take at least 30 consecutive minutes of rest time, except in cases of emergency in which there is danger to property, life, public safety or public health. This rest time may be used by the employee as a mealtime.

The rest breaks law does not apply to any place of employment where: (1) Fewer than 3 employees are on duty at any one time; and (2) The nature of the work done by the employees allows them frequent breaks during their work day.

Maine Overtime Law

Under Maine Overtime Law, an employer may not require an employee to work more than 40 hours in any one week unless 1 1/2 times the regular hourly rate is paid for all hours actually worked in excess of 40 hours in that week. The regular hourly rate includes all earnings, bonuses, commissions and other compensation that is paid or due based on actual work performed and does not include any sums excluded from the definition of “regular rate” under the Fair Labor Standards Act, 29 United States Code, Section 207(e).

To learn more about Maine Wage and Hour Law and Maine Overtime Law visit the Maine Department of Labor at http://www.maine.gov/labor/labor_laws/wagehour.html

Maryland

Maryland Minimum Wage Law

Maryland currently has the same minimum wage as the Federal Minimum Wage, $7.25 per hour.

Recordkeeping

Each employer shall keep, for at least 3 years, in or about the place of employment, a record of the name, address, and occupation of each employee; the rate of pay of each employee; the amount that is paid each pay period to each employee, and; the hours that each employee works each day and workweek.

Frequency of Pay

Employees in Maryland must be paid at least once every two weeks or twice in a month. However, some executive, administrative and professional employees may be paid less frequently.

Last Paycheck

Each employer shall pay an employee, or the authorized representative of an employee, all wages due for work that the employee performed before the termination of employment, on or before the day on which the employee would have been paid the wages if the employment had not terminated.

Wages Paid on Time

Generally, an employer must set regular paydays, and pay all earned wages of an employee on time regardless of whether the employee has turned in a time sheet or punch card, quit without notice, or provided any other form or document required by the employer. In addition, earned wages must be paid on time whether or not the employer has received payment from a customer or client for a job on which the employee worked.

If payday falls on a nonwork day, such as a weekend or holiday, wages must be paid on the preceding workday.

Maryland Overtime Law

Under Maryland Overtime Law, overtime payment to an employee of one and one-half (1.5) times the regular hourly wage is required for work performed in excess of 40 hours in a 7-day week. Under Maryland Overtime Law, for some occupations, overtime is calculated based on a different period of time. Certain farmworkers, for example, receive overtime for hours worked over 60 in a week.

Under both Maryland Overtime Law and federal laws, some employers are exempt from the requirement to pay overtime, and some employees are exempt from the right to receive it.

To learn more about Maryland Wage and Hour Law and Maryland Overtime Law visit the Maryland Department of Labor at http://www.dllr.state.md.us/labor/wagepay/wagepay.htm#wpgenl

Massachusetts

Massachusetts Minimum Wage Law

The Massachusetts minimum wage for most employees is $8.00 per hour.

Massachusetts Tipped Minimum Wage

The minimum wage for tipped employees (employees who receive more than $20 a month in tips) is $2.63 per hour. However, for tipped employees to be paid this rate, they must be informed of the law, must receive at least minimum wage when tips and wages are combined, and all tips must be retained by the employee or distributed through a valid tip-pooling arrangement. Tip-pooling arrangements must conform with the requirements of M.G.L. c. 149, S 152A

Massachusetts Overtime Law

Under Massachusetts Overtime Law, most employees must be paid one and one-half times their regular hourly rate for all hours worked in excess of 40 hours in a given work week. State law does not require overtime after eight hours in a day.

Some employees are exempt from overtime, such as executives, professionals, and some seasonal workers. For a list of those employees exempt from overtime, click here: M.G.L. c. 151, S 1A. Even if an employee is exempt from overtime under state law, it is important to check if federal law would still require overtime compensation.

To learn more about Massachusetts Wage and Hour Law and Massachusetts Overtime Law visit the Massachusetts Office of Labor and Workforce Development at http://www.mass.gov/?pageID=elwdsubtopic&L=4&L0=Home&L1=Workers+and+Unions&L2=Wage+and+Employment+Related+Programs&L3=Minimum+Wage+Program&sid=Elwd

Michigan

Michigan Overtime Law and Minimum Wage Coverage

The Michigan Overtime Law and Minimum Wage Law covers employers who employ two (2) or more employees age 16 and older. In situations where employees are covered by both the Federal Overtime Law, the FLSA, and Michigan Minimum Wage Law, employees are entitled to the higher of the two rates.

Michigan Minimum Wage

The Michigan Minimum Wage, as of July 24, 2009, is $7.40 for all workers age 16 and higher. Michigan allows some employees who are under 16 years of age to be paid 80% of the minimum wage.

Michigan Overtime Law

Michigan Overtime Law provides an overtime rate for non-exempt employees of 1 1/2 times their regular rate of pay for all hours worked in excess of 40 in a workweek.

To learn more about Michigan Wage and Hour Law and Michigan Overtime Law visit the Michigan Department of Energy, Labor & Economic Growth at http://www.michigan.gov/dleg/0,1607,7-154-27673-39647–,00.html

Minnesota

Minnesota Minimum Wage Law

There are both state-minimum-wage laws and federal-minimum-wage laws. In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages. Since, the current Minnesota Minimum Wage is less than the Federal Minimum Wage its application is limited to the few employees who are covered solely by the Minnesota Minimum Wage Law.

Under Minnesota Minimum Wage Law, employees at a “Large employer” – defined as any enterprise whose annual gross volume of sales made or business done is not less than $625,000 – is $6.15 per hour. Employees at a “Small employer” is defined as any enterprise whose annual gross volume of sales made or business done is less than $625,000 – is $5.25 per hour. Minnesota Minimum Wage Law also provides that an employer may pay $4.90 an hour to new employees who are younger than age 20 during their first 90 consecutive days of employment. However, permanent or current employees may not be displaced by new employees covered by the training wage.

Last Paycheck

Your paycheck is to be issued within 24 hours of your demand for wages (see Minnesota Statutes 181.13). If you quit, your wages are due within the next pay period that is more than five days after quitting. However, wages must be paid within 20 days of separation (see Minnesota Statutes 181.14). In cases where the discharged or quitting employee was entrusted with money or property during employment, the employer shall have an additional 10 calendar-days after the date of the employee’s separation to audit the accounts of the employee before the employee’s wages are to be paid.

Minnesota Overtime Law

Employees covered by the overtime provisions of the Minnesota fair labor standards act must be paid at least one and one-half times their regular wage rate for any hours over 48 in a work week. The state law is broader and covers the great majority of employees in Minnesota who are not specifically exempt. Therefore, unless they fit into one of the specific exemptions, most people who work in Minnesota are covered by both the state and federal law. Many of the specific exemptions from overtime requirements are the same in federal and state law.

To learn more about Minnesota Wage and Hour Law and Minnesota Overtime Law visit the Minnesota Department of Labor and Industry at http://www.dli.mn.gov/Main.asp

Mississippi

Federal minimum wage and overtime regulations apply in the State of Mississippi. There is no state-specific Mississippi Overtime Law.

For more information regarding Mississippi Wage and Hour Laws and Mississippi Overtime Law visit the Mississippi Department of Employment Security at http://www.mdes.ms.gov/wps/portal/

Missouri

Missouri Minimum Wage Law

The state minimum wage is $7.25 per hour, the same as the Federal minimum wage.

Last Paycheck

Wages are due at the time of termination. If not paid at that time, the employee should contact their former employer by certified mail return receipt requested, requesting wages that are due. The employer would have seven days to respond to the written request. If the employer does not respond in seven days, because the state of Missouri does not have authority to collect wages for any individual, any moneys due would have to be collected by private legal action.

Missouri Overtime Law

Overtime is based on a 40 hour workweek, not an 8 hour day. State minimum wage law and the Federal Fair Labor Standards Act (FLSA) requires certain employers to pay time and one half times the regular rate of wages for hours over 40 in a workweek.

For more information regarding Missouri Wage and Hour Laws and Missouri Overtime Law visit the Missouri Department of Labor and Industrial Relations at http://www.dolir.mo.gov/ls/faq/faq_general.htm

Montana

Montana Minimum Wage Law

The Montana Minimum Wage is currently the same as the Federal Minimum Wage, $7.25 per hour. It will remain the same, at least until the end of 2010.

No tip credit, meal credit or training wage is allowed under Montana Minimum Wage Law.

Last Paycheck

When an employee is laid off or discharged, all wages are due immediately (within four hours or end of the business day, whichever occurs first), unless the employer has a preexisting, written policy that extends the time for payment in which case, the wages may not be delayed beyond the next payday for the period in which the separation occurred, or 15 calendar days, whichever occurs first.

When an employee quits, wages are due on the next scheduled payday for the period in which the employee was separated, or 15 calendar days, whichever occurs first.

Montana Overtime Law

Most employees are entitled to be paid time and one-half their regular rate of pay for any time worked over 40 hours in the employer’s seven-day workweek. Even though the total hours (work hours plus holiday, vacation or sick) for the week might exceed 40, overtime pay is not required unless an employee actually worked more than 40 hours. There are certain exceptions, however.

For more information regarding Montana Wage and Hour Laws and Montana Overtime Law visit the Montana Department of Labor & Industry at http://erd.dli.mt.gov/laborstandard/wagehrfaq.asp

Nebraska

Nebraska Minimum Wage Law

Nebraska Minimum Wage is currently $7.25 per hour, the same as the Federal Minimum Wage. Nebraska’s Minimum Wage Law covers more employers than the Federal Minimum Wage Law does however, because it covers almost all employers who have four (4) or more employees.

Nebraska Overtime Law

There is currently no state-specific Nebraska Overtime Law.

For more information regarding Nebraska Wage and Hour Laws and Nebraska Overtime Law visit the Nebraska Department of Labor at http://www.dol.nebraska.gov/nwd/index.cfm

Nevada

Nevada Minimum Wage Law

Minimum wage in Nevada is $6.55 per hour with insurance and $7.55 per hour without insurance.

Frequency Of Payment

Wages must be paid at least semi-monthly.

Rest Periods

Rest periods are based on the total hours worked daily at the rate of 10 minutes for each 3 1/2 hours worked. An unpaid meal period of 30 minutes of uninterrupted time shall be authorized for an employee working a continuous period of 8 hours.

Last Paycheck

When you are fired or laid off, wages and compensation earned and unpaid when discharged become due and payable immediately. The employer has three days to get your final payment to you if you have been terminated. If you quit, wages and compensation must be paid no later than the day on which you would have been regularly been paid or within 7 days, whichever is earlier.

Nevada Overtime Law

Generally, under Nevada Overtime Law, an employer must pay time and one half of an employee’s regular wage rate whenever an employee works more than 40 hours in any scheduled workweek. In addition, employees who are paid a base rate of one and one half times the minimum wage or less per hour may be entitled to overtime if they work more than 8 hours in any workday. There are a number of exemptions to this rule and federal wage and hour rules may apply. See NRS 608.018 for more information on exemptions.

For more information regarding Nevada Wage and Hour Laws and Nevada Overtime Law visit the Office of the Nevada Labor Commissioner at http://www.laborcommissioner.com/

New Hampshire

New Hampshire Minimum Wage Law

New Hampshire Minimum Wage is currently the same as the Federal Minimum Wage, $7.25 per hour.

New Hampshire Overtime Law

Those employees covered by RSA 279, with the following exceptions, shall in addition to their regular compensation, be paid at the rate of time and one-half for all time worked in excess of 40 hours in any one week:

  • (a) Any employee employed by an amusement, seasonal, or recreational establishment if:
    • it does not operate for more than 7 months in any calendar year; or
    • during the preceding calendar year, its average receipts for any 6 months of such year were not more than 33 1/3 percent of its average receipts for the other 6 months of such year.
  • (b) Any employee of employers covered under the provisions of the Federal Fair Labor Standards Act.
For more information regarding New Hampshire Wage and Hour Laws and New Hampshire Overtime Law visit the New Hampshire Department of Labor at http://www.labor.state.nh.us/wage_hour.asp

New Jersey

New Jersey Minimum Wage Law

Effective July 24, 2009, the minimum wage rate in New Jersey is $7.25 per hour. Most employees have minimum wage protection under the law. There are exceptions such as automobile salespersons, outside salespersons and minors under the age of 18, except for minors working in retail, food service, the first processing of farm products, beauty culture occupations, laundry, cleaning and dyeing occupations, light manufacturing and apparel occupations and hotel and motel occupations.

Last Paycheck

The employer must pay all outstanding wages due to an employee, by the next regular payday designated for the pay period regardless of whether the employee quit or was fired.

New Jersey Overtime Law

Under New Jersey Overtime Law, Overtime must be paid at the rate of time and one half after forty hours of actual work in a seven-day workweek, with the exception of certain salaried employees who meet the definition of an executive, administrative or professional.

To learn more about New Jersey Wage and Hour Law and New Jersey Overtime Law visit the New Jersey Department of Labor and Workforce Development at http://lwd.dol.state.nj.us/labor/wagehour/wagehour_index.html

New Mexico

New Mexico Minimum Wage Law

The New Mexico State minimum wage is $7.50 per hour effective January 1, 2009.

Recordkeeping

Every New Mexico employer must keep true and accurate records of hours worked and wages paid for each employee. These records must be kept on file for at least one year after the entry has been made.

New Mexico Overtime Law

Under the New Mexico Overtime Law, a New Mexico employer can require an employee to work overtime but must pay the rate of time-and-a-half the regular rate of the employee’s pay for over 40 hours in a seven-day period.

To learn more about New Mexico Wage and Hour Law and New Mexico Overtime Law visit the New Mexico Department of Workforce Solutions at http://www.dws.state.nm.us/dws-qlid.html

New York

New York Minimum Wage Law

The New York Minimum Wage is $7.25 per hour as of July 24, 2009.

This amount may be modified based upon a number of factors. For example, Food Service workers –waiters and waitresses — who earn at least $2.55 per hour in tips may be paid at a minimum wage rate of $4.60 per hour. Different rates exist for other types of service employees, specified within a set of regulations called a “Wage Order”, which addresses the unique aspects of each industry or occupation.

The minimum wage for janitors in residential buildings is a per unit, rather than an hourly, rate. The current unit rate, for residential janitors earning less than $304.10 per week, is $4.80. In a payroll week, the amount paid to a piece-rate worker must average at least as much as the hourly state minimum wage.

Meal Breaks

Employees who work a shift of more than six hours starting before 11 A.M. and continuing until 2 P.M. must have an uninterrupted lunch period of at least half an hour between 11 A.M. and 2 P.M.

Last Paycheck

When employment has been terminated, New York Wage and Hour Law requires the employer must pay the wages by the regular payday for the pay period worked. If requested, the employer must mail the final wages to the employee.

Recordkeeping

Employers’ payroll records must contain the following information regarding their employees: (1) Name, address and social security number; (2) Wage rate; (3) The number of hours worked daily and weeklyl; (4) The amount of gross wages, deductions from gross wages and net wages paid; (5) Allowances claimed, if any, as part of the minimum wage; (6) The time of arrival and departure of each employee working a split shift or spread of more than ten hours; and (7) The number of units produced daily and weekly by piece-rate workers.

Notice of Pay Rate and Payday for New Hires

Starting on October 26, 2009, New York employers must give newly-hired workers written notice of the rate at which they will be paid and their regular payday, under Section 195.1 of New York’s Labor Law. The notice must be given to new employees before they do any work.

The written notice must also include the employee’s overtime rate of pay, if they qualify for overtime. Most employees must receive overtime pay at one-and-a-half times their regular rate of pay for all hours they work over 40 in a given week. A very few occupations are not covered by the overtime provisions of labor law, such as farm workers and professionals.

No particular form is required. Employers may create their own forms, or use and/or adapt a sample form available at the link below. In the near future, sample forms for a variety of pay agreements (salaried, prevailing rate, exempt, and others) will be provided here.

New York Overtime Law

Employees who are covered by the New York Overtime Law who work overtime must be paid at a rate that is one and one-half times their regular, “straight-time” hourly rate of pay. However, the New York Overtime Law makes a distinction between non-residential and residential employees.

For non-residential employees, this overtime rate applies to all time over 40 hours in a payroll week. For residential employees (“live-in” workers), this overtime rate applies to all time over 44 hours in a payroll week.

The overtime requirement is based on hours worked in a given payroll week. Thus, time and one-half, double-time — or any amount higher than the agreed rate — is not required simply because the work is performed after eight hours per day or on a Saturday or Sunday.

Like the Federal Overtime Law, the Fair Labor Standards Act (FLSA), some workers are exempt or excluded from coverage under the New York Overtime Law.

To learn more about New York Wage and Hour Law and New York Overtime Law visit the New York Department of Labor at http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm

North Carolina

North Carolina Minimum Wage Law

The North Carolina Mininum Wage is currently the same as the Federal Minimum Wage, $7.25 per hour.

Recordkeeping

Under North Carolina Law, an employer must give an itemized statement of all deductions to its employees every time they get a paycheck. The employer does not have to list the rate of pay or the hours on the check-stub. The information can also be listed on the check.

Last Paycheck

Under North Carolina Law, your employer has to pay you on or before the next regular payday for the pay period in which you worked when your separation takes place. Your employer may pay you early before the payday, but this is up to the employer. Your employer is within its rights to wait until the regular payday to pay you your final wages.

North Carolina Overtime Law

Under North Carolina Overtime Law, employees 18 years of age and older can be required to work as many hours as an employer wants. However, North Carolina Overtime Law requires the employer to make sure to pay the employee at least the minimum wage or promised wages (whichever is greater) and pay time and one-half overtime pay based on the employee’s regular rate of pay for all hours worked in excess of 40 in a workweek unless the employee is exempt from overtime pay for a specific reason.

To learn more about North Carolina Wage and Hour Law and North Carolina Overtime Law visit the North Carolina Department of Labor at http://www.nclabor.com/wh/wh.htm

North Dakota

North Dakota Minimum Wage Law

The minimum wage in North Dakota is $7.25 per hour. North Dakota does not have a training wage.

Breaks and Rest Periods

Any employee who works a shift exceeding five hours is entitled to an unpaid 30 minute uninterrupted meal break when there are two or more employees on duty. Other breaks, such as fifteen minute “coffee” breaks, are at the employer’s discretion to offer but must be paid if they are less than 30 minutes.

Last Paycheck

A separated employee’s wages become due and payable at the regular payday(s) established in advance by the employer for the period(s) worked by the employee. In other words, payroll should simply follow its normal course.

North Dakota Overtime Law

North Dakota Overtime Law requires that most employees receive time and a half their regular rate of pay for all hours worked over 40 in a workweek. Like the Federal Overtime Law, North Dakota Overtime Law deems certain types of employees exempt from overtime pay requirements.

To learn more about North Dakota Wage and Hour Law and North Dakota Overtime Law visit the North Dakota Department of Labor at http://www.nd.gov/labor/

Ohio

Ohio Minimum Wage Law

As of January 1, 2009, the current Ohio Minimum Wage is $7.30 per hour for non-tipped employees, and $3.65 per hour for tipped employees.

Ohio Overtime Law

Pursuant to Ohio Overtime Law, all employers grossing over $150,000.00 will pay overtime at one and one-half the employee’s hourly rate after 40 actual working hours. However, under Ohio Overtime Law, employers who gross less than $150,000.00 no overtime required for hours over 40.

To learn more about Ohio Wage and Hour Law and Ohio Overtime Law visit the Ohio Department of Commerce at http://www.com.ohio.gov/laws/http://www.com.ohio.gov/laws/

Oklahoma

Oklahoma Minimum Wage Law

The federal and Oklahoma minimum wage of $7.25 per hour has been in effect since July 24, 2009. Unless otherwise covered by federal wage and hour laws, an Oklahoma employer must comply with state-specific Oklahoma minimum wage laws if the company has at least 10 full-time employees or equivalent and/or grosses more than $100,000 annually.

Lunch and Rest Periods

Neither federal nor state law require employers to provide breaks to employees age 16 or older. Mandatory break laws only apply to children under the age of 16. Breaks and lunch periods are considered benefits and remain at the discretion of the employer.

Frequency of Payments

Every employee (except exempt employees) shall be paid all wages due at least twice each calendar month. State, county, municipal and exempt employees shall be paid a minimum of once each calendar month.

Last Paycheck

Regardless of whether you quit or were fired, your last paycheck is due on your next regularly designated pay day.

Oklahoma Overtime Law

There is currently no state-specific Oklahoma Overtime Law. If the company is required to comply with Federal wage and hour laws, time and one half should be paid to non-exempt employees for all hours worked over 40 in the work week.

To learn more about Oklahoma Wage and Hour Law and Oklahoma Overtime Law visit the Oklahoma Department of Labor at http://www.ok.gov/odol/

Oregon

Oregon Minimum Wage Law

Effective January 1, 2009, the Oregon minimum wage increased from $7.95 to $8.40 per hour. Unlike federal law, Oregon law requires that employees receive at least minimum wage during all stages of employment. This includes any period of on-the-job training.

Last Paycheck

If an employee quits with less than 48 hours notice, excluding weekends and holidays, the paycheck is due within five days, excluding weekends and holidays, or on the next regular payday, whichever comes first. If an employee quits with notice of at least 48 hours, the final check is due on the final day worked, unless the last day falls on a weekend or holiday. In that case, the check is due on the next business day.

If an employee is fired or discharged, the final paycheck is due not later than the end of the next business day.

When an employer and employee mutually agree to terminate the relationship, the check is due by the end of the following business day, as in the case of discharge.

When employment is related to state and county fairs, and employment terminates on weekends or holidays, the check is due by the end of the second business day after the termination.

Oregon Overtime Law

The payment of overtime is required by both federal and state-specific Oregon Overtime Law. The law requires most employers to pay overtime at the rate of 1 1/2 times the regular rate for all hours over 40 in the workweek. Under Oregon Overtime Law, special overtime rules apply to government agencies, hospitals, canneries and manufacturing establishments.

To learn more about Oregon Wage and Hour Law and Oregon Overtime Law visit the Oregon Bureau of Labor and Industries at http://www.boli.state.or.us/BOLI/index.shtml

Pennsylvania

Pennsylvania Minimum Wage Law

As of July 24, 2009, the Pennsylvania Minimum Wage rose to $7.25 for most employees. Most Pennsylvania employers must pay the minimum wage. The Pennsylvania Minimum Wage applies to all employers who have at least 10 full-time employees, or their equivalent.

Pennsylvania Overtime Law

Under Pennsylvania Overtime Law, employers have to pay overtime at a rate of 1 1/2 times the rate of pay after 40 hours of work for covered employees. Like Federal Overtime Law, the Pennsylvania Overtime Law exempts certain types of employees.

To learn more about Pennsylvania Wage and Hour Law and Pennsylvania Overtime Law visit the Pennsylvania Department of Labor and Industry at http://www.portal.state.pa.us/portal/server.pt?open=512&objID=5278&mode=2

Rhode Island

Rhode Island Minimum Wage Law

As of January 1, 2007, the Rhode Island minimum wage is $7.40 per hour. Exemptions include Minors, 14-15 years of age working 24 hours or less. They may be paid 75% of the minimum wage = $5.55 per hour. If a minor works in excess of 24 hours, all hours must be paid at the minimum wage.

Recordkeeping

An employer must keep an accurate daily and weekly (time in and out) record for all employees. No one, including employees paid on a salary basis, is exempt from this law. These records, along with payroll records, must be kept for at least three years.

On every regular payday, the employer shall furnish to any employee a statement of the hours worked during the applicable pay period, a record of all deductions made from that employee’s gross earnings with an explanation of the basis or reason for such deductions.

Lunches and Rest Breaks

A twenty-minute meal period must be given during a six-hour shift, and a thirty-minute meal period must be given during an eight-hour shift. This does not include healthcare facilities or companies employing less than three employees at one site during a shift.

Rhode Island Overtime Law

Under the Rhode Island Overtime Law, hours worked in excess of 40 per week are to be paid at time and one half the worker’s regular rate of pay.

Under Rhode Island Overtime Law, any employee of a summer camp open no more than six months of the year, police officers, firefighters and rescue service personnel employed by the cities and towns, employees of the state or political subdivisions of the state who elect through collective bargaining or other agreement or understanding to receive compensatory time off equal to one and one-half times the hours worked over 40, employees employed in a bona fide executive, administrative or professional capacity as defined by the Fair Labor Standards Act receiving a salary of at least $200 per week (the salary divided by the number of hours worked must not violate the applicable minimum wage), salaried employee of a nonprofit national voluntary health agency who may elect compensatory time off for the hours worked in excess of 40, employees including drivers, driver’s helpers, mechanics and loaders of any motor carrier, including private carriers, with respect to whom the U.S. Secretary of Transportation has power to establish qualifications and maximum hours of service, employee employed as a salesperson or partsperson or mechanic primarily engaged in the sale and/or servicing of automobiles, trucks or farm implements and is employed by a non-manufacturing employer primarily engaged in the business of selling vehicles or farm implements provided that the earnings exceed an amount equal to the employee’s basis contractual hourly rate of pay times the number of hours actually worked plus the employee’s basic contractual hourly rate of pay times one-half the number of hours actually worked in excess of 40 hours per week.

To learn more about Rhode Island Wage and Hour Law and Rhode Island Overtime Law visit the Rhode Island Department of Labor and Training at http://www.dlt.ri.gov/ls/

South Carolina

There is no state-specific South Carolina Minimum Wage or South Carolina Overtime Law. The Federal Overtime Law, the Fair Labor Standards Act (FLSA) is the applicable Overtime Law in South Carolina.

To learn more about South Carolina Wage and Hour Law and South Carolina Overtime Law visit the South Carolina Department of Labor, Licensing and Regulation at http://www.llr.state.sc.us/

South Dakota

South Dakota Minimum Wage Law

South Dakota Minimum Wage Law currently provides for the same minimum wage as Federal Law, $7.25 per hour.

South Dakota Overtime Law

There is not currently a state-specific South Dakota Overtime Law.

To learn more about South Dakota Wage and Hour Law and South Dakota Overtime Law visit the South Dakota Department of Labor at http://dol.sd.gov/wagehrs/default.aspx

Tennessee

Tennesse Minimum Wage Law

Tennessee has no state-specific Tennessee Minimum Wage Law.

Last Paycheck

Tennessee employees who are laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 21 days from the date of their discharge or termination.

Rest and Meal Breaks

State law requires that each employee scheduled to work six (6) consecutive hours must have a thirty (30) minute meal or rest period, except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. The failure to give a (30) minute meal or rest period is a violation of State law only.

Frequency of Payment

All wages or compensation of employees in private employment is due and payable at least semi-monthly and notice of regular paydays must be posted by each employer in at least two conspicuous places.

Tennessee Overtime Law

Tennessee has no state-specific Tennessee Overtime Law.

To learn more about Tennessee Wage and Hour Law and Tennessee Overtime Law visit the Tennessee Department of Labor and Workforce Development at http://www.tn.gov/labor-wfd/faq_laws.html#wageregulation

Texas

Texas Minimum Wage Law

The Texas Minimum Wage Law does not contain specific dollar amounts. Instead it adopts the current Federal Minimum Wage. Therefore the current applicable minimum wage for Texas workers is $7.25 per hour.

Frequency and Notice of Payday

Each employee who is exempt from the overtime provisions of the federal Fair Labor Standards Act (FLSA) must be paid at least once a month; others must be paid at least twice a month. Semi-monthly pay periods must consist as nearly as possible of an equal number of days. Within those limitations, an employer may designate any paydays he/she chooses.

Notices indicating the paydays must be posted in conspicuous places in the workplace. If an employer does not designate paydays, the employer’s paydays are the first and 15th of each month. If an employee quits, she/he must be paid in full at the next regular payday. If an employee is terminated, he/she must be paid in full within six days. If an employee is not paid on a payday for any reason, including the employee’s absence, the employer shall pay those wages on another business day as requested by the employee.

Texas Overtime Law

There is currently no state-specific Texas Overtime Law.

For more information regarding Texas Wage and Hour Laws and Texas Overtime Law visit the Texas Workforce Commission (TWC) at http://www.twc.state.tx.us/

Utah

Utah Minimum Wage Law

The current Utah Minimum Wage is the same as the Federal Minimum Wage, $7.25 per hour.

Minors under the age of 18 must be paid the minimum wage in effect at the time, although employers may pay them $4.25 during the first 90 days of their employement.

Tipped employees (adults and minors) may be paid $2.13 per hour so long as the tips they earn bring them up to the minimum wage.

Last Paycheck

If the employee is separated by the employer, all wages are due immediately and payable within 24 hours of separation. If the employee does not have a written contract for a definite period and resigns, the wages become due and payable on the next regular payday. These provisions may not apply to the earnings of a sales agent earning commissions.

Utah Overtime Law

There is no state-specific Utah Overtime Law. Instead, Utah workers who are covered by the Fair Labor Standards Act. are entitled to time and one-half their regular rate of pay for all hours worked in excess of 40 in a workweek.

To learn more about Utah Wage and Hour Law and Utah Overtime Law visit the Utah Labor Commission at http://www.laborcommission.utah.gov

Vermont

Vermont Minimum Wage Law

The Vermont Minimum Wage is currently $8.06 per hour.

The State overtime pay provision has very limited application because it exempts numerous types of establishments, such as retail and service; seasonal amusement/recreation; hotels, motels, restaurants; and transportation employees to whom the Federal (FLSA) overtime provision does not apply.

The Vermont minimum wage is automatically replaced with the Federal minimum wage rate if it is higher than the State minimum.

Beginning January 1, 2007, and on each subsequent January 1, the minimum wage rate shall be increased by five percent or the percentage increase of the Consumer Price Index, or city average, not seasonally adjusted.

Last Paycheck

An employee who has been discharged from employment shall be paid within 72 hours of the discharge. An employee who voluntarily leaves employment shall be paid on the last regular payday, or if there is no regular payday, on the following Friday.

Vermont Overtime Law

Under Vermont Overtime Law, employees are generally due overtime pay of one and one-half times the regular wage rate for work performed in excess of 40 hours during a workweek. Vermont Overtime Law provides certain exceptions to overtime pay requirements including employment in retail, service, hotels recreation, hospitals or nursing homes. Employment that is not subject to Vermont overtime requirements may be subject to federal overtime, if the work is in interstate commerce (eg. credit card transactions); or, in a business with an annual gross volume of sales of $500,000 or more.

To learn more about Vermont Wage and Hour Law and Vermont Overtime Law visit the Vermont Department of Labor at http://www.labor.vermont.gov/Default.aspx?tabid=157

Virginia

Virginia Minimum Wage Law

The minimum wage rate under both the federal Fair Labor Standards Act (FLSA) and Virginia minimum wage law is $7.25 per hour. There are exceptions for certain categories of employees; the exceptions are not the same under federal and state law. Most employers are covered by the F.L.S.A.; very small employers who do not meet the annual revenue or interstate commerce requirements are covered by the state law.

Last Paycheck

Under Virginia Law, final wages must be paid on or before the next regular payday on which the employee would have been paid had he remained employed.

Frequency and Timing of Payment

Virginia Wage and Hour Law requires employers to establish regular paydays and rates of pay for each employee, and it is a violation of law not to pay all wages due on the established payday. Hourly employees must be paid at least once every two weeks or twice a month; and salaried employees must be paid at least once each month. These requirements do not apply to executive personnel.

Virginia Overtime Law

Generally, time-and-a-half must be paid for all hours over 40 hours a week, but there are exceptions. Time-and-a-half for overtime is required not by state-specific Virginia Overtime Law, but by the federal Fair Labor Standards Act (FLSA).

To learn more about Virginia Wage and Hour Law and Virginia Overtime Law visit the Virginia Department of Labor at http://www.doli.virginia.gov/laborlaw/laborlaw_faqs_wagep1.html

Washington

Washington’s Minimum Wage Law

Washington’s 2009 minimum wage is $8.55 per hour

Washington’s minimum wage applies to workers in both agriculture and non-agricultural jobs, although 14- and 15-year-olds may be paid 85% of the minimum wage, or $7.27 an hour.

Initiative 688, approved by Washington voters in 1998, requires L&I to make a cost-of-living adjustment to the minimum wage each year based on the federal Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).

Rest Breaks

Under Washington Law, workers must be allowed a paid rest break of at least 10 minutes for each 4 hours worked. The rest period must be allowed no later than the end of the third hour of the shift.

Meal Breaks

If more than 5 hours are worked in a shift: (1) Workers must be allowed at least a 30 minute meal period; (2) Workers must be at least two hours into the shift before the meal time can start; and (3) The meal time cannot start more than five hours after the beginning of the shift.

Frequency of Payment

Businesses must pay workers on regular established paydays at least once a month.

Last Paycheck

Termination wages are due to the worker on the next regularly scheduled payday regardless of whether the worker quit or was fired.

Washington Overtime Law

Under Washington Overtime Law, most Washington workers who are paid an hourly wage and work more than 40 hours in a 7-day work week must be paid overtime. When paying overtime, a business must pay at least one and one-half times the worker’s regular hourly rate.

Washington Overtime Law does not guarantee premium pay to employees who request compensating time (comp time) off in lieu of premium pay.

To learn more about Washington Wage and Hour Law and Washington Overtime Law visit the Washington Department of Labor & Industries at http://www.lni.wa.gov/WorkplaceRights/Wages/default.asp

West Virginia

West Virginia Minimum Wage Law

The West Virginia Minimum Wage Law is applicable to employers with six (6) or more employees. The current West Virginia Minimum Wage is $7.25per hour based on a 40 hour workweek. The State excludes coverage of any employment subject to Federal Fair Labor Standards Act (FLSA).

West Virginia Overtime Law

There is no state-specific West Virginia Overtime Law. Therefore, the federal overtime regulations apply in West Virginia.

To learn more about West Virginia Wage and Hour Law and West Virginia Overtime Law visit the West Virginia Division of Labor at http://www.wvlabor.org

Wisconsin

Wisconsin Minimum Wage Law

The Wisconsin Minimum Wage is currently the same as the Federal Minimum Wage, $7.25 per hour.

Rest Periods and Meal Breaks

Employees under 18 years of age must receive at least a 30-minute duty free meal period when working a shift greater than 6 hours in duration. Breaks of shorter duration are not required. If an employer provides breaks of less than 30 consecutive minutes in duration, the break time will be counted as work time. Wisconsin law does not require that employers provide brief rest periods, coffee breaks or meal periods for adult employees, although the Department recommends, in Chapter DWD 274.02(2) of the Wisconsin Administrative Code, that employers do so. Employers are encouraged, but not required, to provide breaks of at least 30 minutes in duration at times reasonably close to the usual meal period. Such matters are to be determined directly between the employer and the employee.

Employers must pay employees for “on duty” meal periods. An “on duty” meal period is one where the worker is not provided at least 30 consecutive minutes free from work, or where the worker is not free to leave the employer’s premises. Employers may not deduct from a worker’s wages for any time off of less than 30 consecutive minutes.

Wisconsin Overtime Law

Wisconsin Overtime Law requires that employers pay time and one-half the regular rate of pay for all hours worked in excess of 40 hours in the workweek. Under Wisconsin Overtime Law, a “week” is the employer’s established regular reoccurring period of 7 consecutive days. Employers may schedule employees any way they wish. This means that overtime may be made mandatory. Since employers may schedule as they see fit, they may also change employees’ schedules during a given week in order to prevent them from working overtime in that week. Hours paid for time not worked, such as sick leave, vacation pay or holiday pay, do NOT count as hours worked for purposes of computing overtime pay. Some public works construction projects require daily overtime and overtime on certain holidays. Other than in those situations, though, overtime is not required for work performed on a particular day of the week – only after 40 hours in a workweek.

Wisconsin’s overtime law applies to most employment in the State. It does not apply to most non-profit organizations. It does apply, however, to those employees who work in retail stores, restaurants or hotels, even if employed by non-profit organizations. It does not apply to household employment of domestic service workers or companions if the household itself employs them. Those types of workers are entitled to overtime if a for-profit employer employs them in this capacity, placing them in private homes. The law also provides for various exemptions, usually based upon occupation.

To learn more about Wisconsin Wage and Hour Law and Wisconsin Overtime Law visit the Wisconsin Department of Workforce Development at http://www.dwd.state.wi.us/er/labor_standards_bureau/default.htm

Wyoming

Federal minimum wage and overtime regulations apply in the State of Wyoming. There is no state-specific Wyoming Overtime Law.

For more information regarding Wyoming Wage and Hour Law and Wyoming Overtime Law visit the Wyoming Department of Employment at http://doe.wyo.gov/Pages/default.aspx

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