Shotgun farmers all codes12/28/2023 If an employee is entitled to overtime, the employer must pay them one and a half times their "regular rate of pay" for all hours they work over 40 in the same work week.Įmployees employed in a ministerial role by a religiously affiliated employer are not entitled to overtime under the act. ![]() In many instances, employers do not pay overtime properly for non-exempt jobs, such as not paying an employee for travel time between job sites, activities before or after their shifts, and preparation central to work activities. For example, a farm worker may be considered jointly employed by a labor contractor (who is in charge of recruitment, transportation, payroll, and keeping track of hours) and a grower (who generally monitors the quality of the work performed, determines where to place workers, controls the volume of work available, has quality control requirements, and has the power to fire, discipline, or provide work instructions to workers). Courts use a similar test to determine whether a worker was concurrently employed by more than one person or entity commonly referred to as "joint employers". Courts look at the "economic reality" of the relationship between the putative employer and the worker to determine whether the worker is an independent contractor. Some employers similarly mislabel employees as volunteers. Still, an employer cannot simply exempt workers from the Fair Labor Standards Act by calling them independent contractors, and many employers have illegally and incorrectly classified their workers as independent contractors. The Fair Labor Standards Act applies to "any individual employed by an employer" but not to independent contractors or volunteers because they are not considered "employees" under the FLSA. Exemptions are narrowly construed, as an employer must prove that the employees fit "plainly and unmistakably" within the exemption's terms. The largest exceptions apply to the so-called " white collar" exemptions that are applicable to professional, administrative and executive employees. Several exemptions exist that relieve an employer from having to meet the statutory minimum wage, overtime, and record-keeping requirements. Generally, an employer with at least $500,000 of business or gross sales in a year satisfies the commerce requirements of the FLSA, and therefore that employer's workers are subject to the Fair Labor Standards Act's protections if no other exemption applies. The Fair and Labor Standards Act applies to "employees who are engaged in interstate commerce or in the production of goods for commerce, or who are employed by an enterprise engaged in commerce or in the production of goods for commerce" unless the employer can claim an exemption from coverage. 2.21.5 2016 Wage Theft Prevention and Wage Recovery Act.2.19 2010 Patient Protection and Affordable Care Act.2.16 1996 Small Business Job Protection Act.2.15 1989 Fair Labor Standards Amendments.2.14 1986 Department of Defense Authorization Act.2.12 1985 Fair Labor Standards Amendments.2.11 1983 Migrant and Seasonal Agricultural Worker Protection Act.2.10 1977 Fair Labor Standards Amendments.2.9 1974 Fair Labor Standards Amendments.2.8 1967 Age Discrimination in Employment Act.2.3 1949 Fair Labor Standards Amendment.2 Legislative and administrative history.Parker Drilling Management Services, Ltd. ![]() Saint-Gobain Performance Plastics Corp., 563 U.S. ![]() ![]() Jim's Concrete of Brevard, Inc., 538 U.S. San Antonio Metropolitan Transit Authority, 469 U.S. Administrator of Wage and Hour Div., Dept.
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