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overtime
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ArmyRetCW3
Member
Under federal labor law Fair Labor Standard Act (FLSA) - If the employer is covered under the law, they must pay the applicable min wage and overtime, the same law provided many, exemption-exception from both the min wage and overtime...
Coverage
The FLSA applies to all employees of certain enterprises with employees engaged in commerce, including businesses with employees engaged in commerce with an annual dollar volume of sales or receipts of $500,000 or more. 29 U.S.C. § 203(s)(1). All employees of such an enterprise are covered regardless of the duties they perform. If an employee does not work in such an enterprise, he or she may still be covered individually if the employee’s own duties meet certain interstate commerce requirements. An employee is covered on an individual basis in every workweek in which he or she performs any work constituting engagement in interstate or foreign commerce or provides services that are closely related and directly essential to the production of goods for interstate commerce.
Enterprise Coverage
“The FLSA requires employers to pay a minimum wage if the employer is a covered enterprise or the employee is a covered individual within the meaning of the Act. 29 U.S.C. § 206(a). A covered enterprise is one that
(1) “has employees engaged in commerce or the production of goods for commerce or that has employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person” and
(2) “is an enterprise whose annual gross volume of sales made or business done is not less than $500,000.” 29 U.S.C. § 203(s)(1)(A) (i-ii). If enterprise coverage applies, all of the enterprise’s employees are protected under the FLSA, even if they are not personally involved in interstate commerce. See Boekemeier v. Fourth Universalist Soc’y in the City of New York, 86 F.Supp.2d 280, 284 (S.D.N.Y.2000).
Individual Coverage
The FLSA also protects individual employees who are “engaged in commerce or in the production of goods for commerce,” 29 U.S.C. § 207(a)(1), regardless of whether their employers qualify as covered enterprises. See, e.g., Marshall v. Whitehead, 463 F.Supp. 1329, 1341 (M.D.Fla.1978).
Coverage
The FLSA applies to all employees of certain enterprises with employees engaged in commerce, including businesses with employees engaged in commerce with an annual dollar volume of sales or receipts of $500,000 or more. 29 U.S.C. § 203(s)(1). All employees of such an enterprise are covered regardless of the duties they perform. If an employee does not work in such an enterprise, he or she may still be covered individually if the employee’s own duties meet certain interstate commerce requirements. An employee is covered on an individual basis in every workweek in which he or she performs any work constituting engagement in interstate or foreign commerce or provides services that are closely related and directly essential to the production of goods for interstate commerce.
Enterprise Coverage
“The FLSA requires employers to pay a minimum wage if the employer is a covered enterprise or the employee is a covered individual within the meaning of the Act. 29 U.S.C. § 206(a). A covered enterprise is one that
(1) “has employees engaged in commerce or the production of goods for commerce or that has employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person” and
(2) “is an enterprise whose annual gross volume of sales made or business done is not less than $500,000.” 29 U.S.C. § 203(s)(1)(A) (i-ii). If enterprise coverage applies, all of the enterprise’s employees are protected under the FLSA, even if they are not personally involved in interstate commerce. See Boekemeier v. Fourth Universalist Soc’y in the City of New York, 86 F.Supp.2d 280, 284 (S.D.N.Y.2000).
Individual Coverage
The FLSA also protects individual employees who are “engaged in commerce or in the production of goods for commerce,” 29 U.S.C. § 207(a)(1), regardless of whether their employers qualify as covered enterprises. See, e.g., Marshall v. Whitehead, 463 F.Supp. 1329, 1341 (M.D.Fla.1978).
cbg
I'm a Northern Girl
All businesses, without exception, are required to pay overtime to non-exempt employees who work over 40 hours in a week unless BOTH of the following conditions exists:
1.) The business grosses less than $500,000 per year
2.) The business does no interstate commerce whatsoever.
The term, interstate commerce, has been interpreted so broadly that virtually all businesses are subject to following overtime laws.
1.) The business grosses less than $500,000 per year
2.) The business does no interstate commerce whatsoever.
The term, interstate commerce, has been interpreted so broadly that virtually all businesses are subject to following overtime laws.
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