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Topic: Overtime

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Fair Labor Standards Act

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	Overtime - Wikipedia, the free encyclopedia
		Overtime is the amount of time someone works beyond normal working hours; these may be determined in several ways, by custom (what is considered healthy or reasonable by society), by practices of a given trade or profession, by legislation, or by agreement between employers and workers or their representatives.
		Overtime laws vary greatly from country to country, as do attitudes to overtime and hours of work in different economic sectors.
		The overtime laws were overhauled by President George W. Bush and the Department of Labor, on August 23, 2004.
	en.wikipedia.org /wiki/Overtime (520 words)

	Overtime Pay
		Overtime pay is extra cash compensation for the hours nonexempt (eligible) employees work in excess of 40 in one workweek.
		At this writing, the current overtime pay rate for eligible employees is one and one-half (1.5) times their regular rates of pay.
		Overtime pay is due on the regularly-scheduled paydays for which employees earned it.
	employeeissues.com /overtime_pay.htm (485 words)

	Overtime (sport) Encyclopedia Article, Definition, History, Biography (Site not responding. Last check: 2007-09-06)
		Overtime is an additional period of play specified under the rules of a sport in order to bring the game to a decision and avoid declaring the contest a tie or draw.
		In college and high school football, an overtime procedure is used to determine the winner.
		In basketball, if the score is tied at the end of regulation play, the teams play a five-minute overtime period (in high school, it is 3 minutes).
	encyclopedia.localcolorart.com /encyclopedia/Overtime_(sport) (932 words)

	Fredrikson & Byron, P.A. - Are You Paying the Correct Amount of Overtime
		If the employee works overtime in a week during which the employees receives this extra pay, it must be included in the his or her regular rate when determining the overtime rate for that week.
		The first method is the “weighted average.” Under this method, the employee is paid overtime based on the weighted average of his or her non-overtime wage rates.
		The second method is for the employee and employer to agree, preferably in writing, in advance of the employee performing any work, that he or she will receive overtime at a rate not less than one and one-half times the hourly non-overtime rate applicable for the type of work performed during each overtime hour.
	www.fredlaw.com /articles/employment/empl_0503_mmk1.html (1376 words)

	Overtime cut undermines workers
		Workers without overtime pay rights are twice as likely to work more than 40 hours per week, three times as likely to work more than 50 hours and three times as likely to work more than 60 hours.
		But the overtime guarantee passed by the Senate is unlikely to become law unless approved by the House.
		An overtime guarantee would give workers the peace of mind of knowing they will not be losing their right to overtime pay, and it would calm the intense political passions that have been stirred by the Bush plan.
	seattlepi.nwsource.com /opinion/187543_overtime24.html (689 words)

	Employers Questions About FLSA Overtime Requirements Are Answered (Site not responding. Last check: 2007-09-06)
		A lump sum paid for work performed during overtime hours without regard to the number of overtime hours worked does not qualify as an overtime premium even though the amount of money paid is equal to or greater than the sum owed on a per-hour basis.
		The overtime requirement may not be waived by agreement between the employer and employees.
		Overtime laws say that the job title is irrelevant; it is the actual work duties that control.
	www.semmes.com /publications/laborarticles/FLSAQuestions.htm (1009 words)

	Some state overtime regulations trump federal law - Aug. 24, 2004
		Overtime has always been a political hot potato, with labor groups generally opposed to rule changes and business groups eager to restrict time-and-a-half provisions.
		For example, millions of clock-punchers earn overtime if they work more than 8 hours in a single day and are entitled to double their hourly rate for workdays that exceed 12 hours.
		In addition, California employers looking to deny a worker overtime pay have a harder time meeting the so-called "duties" test, which is one of three hurdles that an employer has to clear under federal law to classify a worker as ineligible for time-and-a-half.
	money.cnn.com /2004/08/24/news/economy/overtime_state (880 words)

	New overtime regulations go into effect - Aug. 23, 2004
		Under the law, there are three primary tests for determining who is eligible ("non-exempt") and who is not ("exempt") from overtime pay.
		In order to be exempt from overtime, the new rules require that employees earn a minimum salary of $455 a week, or $23,660 a year.
		Overtime rules have long been contentious, with labor unions seeking more time-and-a-half coverage for workers and businesses wanting to restrict non-exempt employees.
	money.cnn.com /2004/08/23/news/economy/overtime (905 words)

	DOL WHD: Fact Sheet #23: Overtime Pay Requirements of the FLSA
		Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.
		Fixed Sum for Varying Amounts of Overtime: A lump sum paid for work performed during overtime hours without regard to the number of overtime hours worked does not qualify as an overtime premium even though the amount of money paid is equal to or greater than the sum owed on a per-hour basis.
		Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees.
	www.dol.gov /esa/regs/compliance/whd/whdfs23.htm (812 words)

	Overtime -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-09-06)
		For overtime in sports, see (Click link for more info and facts about Overtime (sport)) Overtime (sport).
		Most nations have overtime (The first of three divisions of the Hebrew Scriptures comprising the first five books of the Hebrew Bible considered as a unit) laws designed to prevent and/or dissuade employers from working their employees excessively.
		The overtime laws were overhauled by President (43rd President of the United States; son of George Herbert Walker Bush (born in 1946)) George W. Bush and the (The federal department responsible for promoting the working conditions of wage earners in the United States; created in 1913) Department of Labor, on August 23 2004.
	www.absoluteastronomy.com /encyclopedia/o/ov/overtime.htm (452 words)

	Updating overtime rules - The Washington Times: Commentary (Site not responding. Last check: 2007-09-06)
		Overtime pay matters to millions of working families — from nurses and police officers to firefighters, construction workers and lab technicians.
		Most of these workers are entitled to overtime now, and their overtime rights will be preserved — or even strengthened — by a U.S. Department of Labor proposal to modernize the eligibility rules for overtime pay.
		When the overtime rules were first created for a manufacturing-dominated economy, it was a lot easier to tell the difference between managers and rank-and-file employees.
	www.washtimes.com /commentary/20030719-101305-1359r.htm (774 words)

	Overtime Accrural/Payment Frequently Asked Questions (Site not responding. Last check: 2007-09-06)
		Overtime compensation for all TDCJ employees is based on Title 29, United States Code, also known as the Federal Fair Labor Standards Act (FLSA).
		When your overtime accruals exceed the 240-hour limit, you will be compensated for the excess hours over 240 with a wage payment.
		Overtime hours are only subject to taxes when you actually receive wage compensation for these hours.
	www.tdcj.state.tx.us /vacancy/hr-home/overtimefaq.htm (373 words)

	Overtime law
		Navigating the Minnesota and federal exemptions to minimum wage and overtime -- In the areas of minimum wage and overtime there is dual regulation by the state of Minnesota and by the federal government.
		To ensure overtime compliance, employers that fall within the jurisdiction of both state and federal law need to be familiar with both the state and federal overtime statutes and regulations, and determine which provides the higher standard.
		Overtime pay must be at least one-and-one-half times the employee's regular rate of pay, which is determined by dividing the total pay in any work week by the total hours worked in the week.
	www.doli.state.mn.us /overtime.html (572 words)

	Unpaid Overtime - have your case evaluated by a lawyer
		Overtime United States federal law is very specific about overtime pay, which is calculated at the regular hourly rate plus an additional 50%.
		Overtime for programmers alleging that some companies try to avoid paying employees overtime by categorizing them as "salaried" employees.
		Overtime for stock brokers alleging that stock and commodities brokers are entitled to overtime compensation regardless of the dollar volume of commissions they earned.
	www.lawyersandsettlements.com /overtime (276 words)

	Eliminating the right to overtime pay: Department of Labor proposal means lower pay, longer hours for millions of ... (Site not responding. Last check: 2007-09-06)
		Finally, the third screening test is the "duties test," which states that a worker cannot be denied overtime pay unless his or her duties are primarily "administrative," "professional," or "executive" in nature.
		The "executive" exemption is expanded to deny overtime eligibility to low-level supervisors with no real discretionary authority, who do the same work as the employees they supervise, and who spend less than half of their time engaged in managerial or supervisory functions.
		Although 1.3 million low-wage workers will gain overtime protection if the salary-level test is raised to $425 a week, this will be offset by the 1.3 million employees earning $65,000 a year or more who will lose overtime protection if the new "highly compensated" employee test is adopted.
	www.epinet.org /content.cfm/briefingpapers_flsa_jun03 (6053 words)

	Summary: The FACTS About the Final Overtime Regulations (Site not responding. Last check: 2007-09-06)
		The final rule clarifies that veterans status does not affect overtime pay and removes the reference to “training in the armed forces” that had been proposed in the earlier regulations.
		The final rule clearly states that “blue collar” workers are entitled to overtime pay, and makes clear that neither the FLSA nor the final rule relieves an employer from its contractual obligations under a collective bargaining agreement.
		These regulations, which have not been substantially changed in 54 years, are complex, confusing, and make it next to impossible for workers to know whether they are entitled to overtime, for employers to know how to pay their employees, and for DOL to enforce these workplace protections.
	edworkforce.house.gov /issues/108th/workforce/flsa/factsonotregs.htm (566 words)

	Employment Law Update: More Than One Way to Pay Overtime (Site not responding. Last check: 2007-09-06)
		If your clients consistently have employees working over 40 hours in a particular workweek, thereby incurring overtime liability, and are looking for a way to reduce their overtime costs in a manner approved by the Department of Labor, then a fluctuating workweek may be the answer to their prayers.
		The overtime rate is calculated under the regular method by taking the employee’s base salary ($500) dividing it by 40 hours to calculate the regular rate ($12.50) and then multiplying that number times 1_ to get the overtime rate ($18.75).
		The difficulty of administering the system (overtime rates need to be recalculated on a week to week basis if the employee’s work hours fluctuate) also causes employers to shy away from implementing this method.
	www.imakenews.com /employmentlaw/e_article000053371.cfm (779 words)

	nichols, kaster & anderson, pllp :: current class actions
		However, we are always interested in investigating potential violations of minimum wage and overtime laws.
		Frequently employers try to avoid paying for overtime by telling their employees that they are "exempt" or that they are "salaried" or "commissioned" employees.
		If you are working overtime and not being paid for it, you should consult lawyers familiar with the Fair Labor Standards Act, to make sure that you are being paid properly.
	www.overtimecases.com (332 words)

	Sun-Sentinel: "Nurses outraged by plan to strip health professionals of overtime pay"
		But she notes that nurses fear the bottom line savings will prove too attractive to hospitals with severe budget constraints, and the piece suggests that the result may be more burnout and fewer nurses at the bedside.
		See the Department of Labor's documents which are focused on examining the proposal from the perspective of the people who are helped and not by the people who are hurt by it.
		Also see the Boston Globe's article Nation's nurses lobby to protect overtime pay: Groups ask US to be excluded from rule changes for professionals on the many nursing groups lobbying against the bill.
	www.nursingadvocacy.org /news/2003jul03_sun-sentinel.html (624 words)

	Labor Department Proposes Revamp Of Overtime Pay Rules (Site not responding. Last check: 2007-09-06)
		A surge in overtime pay lawsuits aimed at employers also is a concern.
		Workers now are exempt from overtime pay if they earn more than $155 a week, or $8,060 a year, and meet other convoluted, confusing job criteria, such as devoting at least 80 percent of their time to "exercising discretion" and other "intellectual" tasks that cannot be "standardized in...
		Generally, workers would be exempt under the proposal if they manage more than two employees and have the authority to hire and fire, or they have an advanced degree and work in a specialized field, or they work in the operations, finance and auditing areas of a company.
	www.lexisone.com /news/ap/ap032703c.html (655 words)

	8 million could lose overtime pay - HOW WE WORK: Punching the clock in the new economy - MSNBC.com
		Some 2.5 million salary earners and 5.5 million hourly employees would lose their overtime, according to the estimates by the group, which is affiliated with labor unions.
		Overtime exemptions for “executive” employees would be expanded to many lower-level supervisors who manage just a handful of employees, such as fire sergeants or retail sales supervisors.
		Among the arguments is that by paying less overtime to more highly skilled workers, employers would have more money in their payroll to hire new employees and reduce the unemployment rolls.
	msnbc.msn.com /id/3073408 (1440 words)

	Florida Overtime Law Robert S. Norell, P.A. Wage Law Expert
		We concentrate in overtime and unpaid wages cases in the state of Florida.
		If you have worked overtime without getting paid time and a half (1.5 times your regular hourly rate of pay), and you are not exempt (excluded) under the FLSA, then you have a valid claim.
		Successful litigants are entitled to the overtime wages that you should have been paid, interest and attorney's fees.
	www.floridawagelaw.com (615 words)

	S.F. pays cop $126,644 in overtime (Site not responding. Last check: 2007-09-06)
		Cranston and a fellow SFGH security guard named Anene Ugbaja were the top two overtime earners among the city's 27,000 employees last year and thus are emblematic of the OT excesses in San Francisco.
		Overtime is built into the daily schedule because the security division is short-staffed and several officers are out on medical or personal leave.
		Sandoval said the solution to runaway overtime is to limit the amount any employee can work, thus thwarting those who have learned how to manipulate the system to drive up their hours.
	www.sfgate.com /cgi-bin/article.cgi?file=/c/a/2004/04/11/RYAN.TMP (1274 words)

	Statement by AFL-CIO President John J. Sweeney on America's Workers’ Victory on Overtime Pay in the Senate
		Overtime pay protections help ensure that workers will not be forced to work excessive hours, and that they receive fair pay for any overtime they work.
		Workers depend on the existing overtime pay guarantees to make sure they have the time they need to spend with their families and the income they need to spend on their families.
		The Harkin amendment is the right measure for America’s workers because it stops the Bush Administration from taking away workers’ right to overtime pay, but would not prevent the Department of Labor from raising the threshold for low-income workers to receive overtime pay.
	www.aflcio.org /mediacenter/prsptm/pr09102003.cfm (467 words)

	USATODAY.com - U.S. broadens rules for overtime (Site not responding. Last check: 2007-09-06)
		Critics had feared that such workers would be stripped of overtime eligibility.
		The rules will mean $375 million annually in overtime pay for 1.3 million non-union workers who were previously not eligible.
		But the changes also mean that as many as an estimated 107,000 employees earning more than $100,000 a year could lose overtime pay, based on their job duties.
	www.usatoday.com /news/washington/2004-04-19-overtime-pay_x.htm (468 words)

	CCH Business Owner's Toolkit \| State Overtime Pay Laws
		As is the case with minimum wage, many states have laws pertaining to overtime.
		If your state's law is more inclusive or more generous regarding overtime pay, you must follow that law, even though you will surpass the minimum compliance requirements of the federal law.
		If the federal law is more demanding than your state's law, and you are subject to the federal law, you must meet the federal minimum, even though your state requires less to be in compliance.
	www.toolkit.cch.com /text/P05_4053.asp (246 words)

	AFT - Hot Topics - Mandatory Overtime (Site not responding. Last check: 2007-09-06)
		Mandatory overtime has been linked to poorer general health, increased injury rates, greater levels of illness and even increased levels of mortality.
		Mandatory overtime has also been associated with unhealthy weight gain, increased use of alcohol and tobacco and lower levels of functional ability and job performance.
		Many healthcare workers who are forced to work mandatory overtime say that the time away from their families has cause marital and child care problems and a general decline in the emotional well-being of the family.
	www.aft.org /topics/mandatory-overtime (401 words)

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