Answers to tricky HR questions: Separate state laws that govern OT pay
July 11, 2008 by Jim GiulianoPosted in: Answers to tricky HR questions, Employment law, Exempt non-exempt, FLSA, In this week's e-newsletter, Latest News & Views, Money, Pay and benefits
Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: How do I know if my state has laws governing overtime pay that are different from federal laws?
Question:
We generally understand the new FLSA regs governing who’s eligible for overtime and who isn’t. But how do we know if our state has a set of laws different from – and maybe more strict than – the federal FLSA regs?
Answer
Courtesy of employment-law attorney Michael Faillace, here’s a list of states that follow only the federal Fair Labor Standards Act:
- Alabama
- Arizona
- Delaware
- District of Columbia
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Lousiana
- Maine
- Massachusetts
- Michigan
- Mississippi
- Missouri
- Nebraska
- Nevada
- New Hampshire
- New Mexico
- New York
- North Carolina
- Ohio
- Oklahoma
- Rhode Island
- South Carolina
- South Dakota
- Texas
- Utah
- Vermont
- Virginia
- Wyoming
If you’re not on that list, check with your state Department of Labor to get the special statewide regulations governing eligibility for overtime. Note: Although state regs may differ from federal regs, the state cannot issue rules that lessen the benefits for employees.
Tags: fair labor standards act, FLSA, overtime
July 14th, 2008 at 7:44 pm
Although Nevada is listed above, I believe you will find we have more stringent laws on overtime pay. Not how it is computed, but when it is paid. State legislation has been enacted because of the massive casino industry and to see that employees are paid in a more timely manner than required under FLSA.
July 15th, 2008 at 12:23 pm
In Nevada if a non-exempt employee makes $10.28 or less per hour then they get DAILY overtime (over 8 hours). If they make over $10.28 then they do not get daily OT and just get weekly OT (40 hours). This changes every time the minimum wage does
July 15th, 2008 at 1:07 pm
Sorry. I forgot to add to my first comment: the amount of minimum wage is contingent on qualified health benefits so the hourly rates above are contingent on what you actually pay for minimum wage. It’s complicated. I got my info from the Las Vegas Chamber of Commerce.