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Q: We recently hired a temporary employee for a position that is classified as exempt under the Fair Labor Standards Act (FLSA). advice.

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In Lundine v. Gates Corporation, the named plaintiff filed suit “on behalf of herself and others similarly situated to recover alleged unpaid overtime wages from” the defendant employer.

The division protects workers who are in certain temporary worker programs, but there are instances in which temporary employees may not get overtime after working 40 hours in one week.

It’s common for temporary employees to work extra hours in the hope that a permanent position will open up, but this leads to complications around overtime.

For example, what hours do you work?

Looking for your next job? to be confidential until the attorney verifies that the firm does not represent other E-mail or other means of communication), do not disclose information you regard “Non-temporary” schedule and salary reductions: An employer may reduce an exempt employee’s hours and salary under certain circumstances without converting that employee’s FLSA status to “non-exempt.” The Tenth Circuit Court of Appeals has opined that an employer may do so if the reduced hours and pay are for a fixed period of at least two months. If your employer’s client initiated that change, it would be considered suspect and you could report it to your State Labor office to see if you have been inappropriately denied overtime. I’ve switched contract within the temp agency in the middle of the pay week. Is this correct?

: Terminated HR Director Can Bring Retaliation Case, Court Says, Employees May Soon Have Something To Lose In FLSA Lawsuits, Employers Won’t “Like” Ruling Allowing Class Action Notifications via Social Media, Not So Fast: Parties Cannot Impose Confidentiality Restrictions on Judicially Approved FLSA Settlements, X-Rays Shipped Out of State Help Employee Keep Issue of FLSA Coverage Alive, Unanimous Supreme Court Denies Compensation for Time Spent in Security Checks, Don’t Disregard Your Employees’ Rights, Even If They’re Strippers, An Employer’s Liability Under The FLSA Can Be High. It may be illegal. Sign up for the HR Daily Advisor Newsletter, Putting a Face on HR: Profiling Crisis and Change Management Strategies, Getting Employees on Board With Off-Site I-9s, To view last week's poll results, click here. a FREE copy, Printer The court cited the Fifth Circuit’s “economic realities” test to determine “whether an individual is an employee under the FLSA,” and explained that courts look to such factors as: According to the court, no single factor is dispositive.

In an attempt to work around FLSA requirements,  some temporary staffing companies have developed  policies that prohibit their temporary or contract staff from working  more than 40 hours a week without pre-approval from their on site supervisor (the client) – or in some cases one of their own, off-site supervisors. �E�������e�X��b&y^ūT��1�R,��+Y��r�l.

Is that true?

because of the "contract" nature of their employment.

Temporary employees may start to qualify for other benefits if you prolong the duration of a temporary work appointment. The U.S. Department of Labor, Wage and Hour Division, also has established a website to address COVID-19 related FLSA-compliance questions. Read This First. friendly versions requires Adobe

The court found that as a temporary worker, the opt-in plaintiff did not fit the collective action definition because she was not an “employee.”. For more information on these and other employment law issues relating to the pandemic, such as notice requirements for mass layoffs, please see Covington’s COVID-19 Legal and Business Toolkit. employees, they are either governed by the FLSA or they are not, In order for this exemption to apply, an employee’s specific job duties and compensation must meet all the requirements of the Department’s regulations. This article was written by Jeanne Knutzen, Founder of PACE Staffing Network, an award winning recruiting and temporary staffing agency headquartered in Bellevue Washington.

I hope my message would make sense as English is not my first language.

Ensuring that new hires are successfully settling in to their new roles is paramount in this unprecedented time. The defendant employer moved to strike the opt-in consent, arguing that as a temporary worker, the opt-in plaintiff did not fall under the collective action definition because she was not “employed” by the defendant employer. Here’s the detail…. >> If such employees are nonexempt, they are entitled to

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When the state laws differ from the federal FLSA, an employer must comply with the standard most protective to employees. What this means to an employer is that any temporary employee who works a job that is defined to be “nonexempt” under the FLSA is entitled to overtime bonus pay of 1.5 times their base wage for any hours over 40 hours per week. Under the FLSA, exempt employees must not only satisfy a “duties” test but must also be paid on a “salary basis.” To qualify as an employee paid on a salary basis, an employee must regularly be paid a predetermined fixed amount (currently, at least $455 per week) that isn’t subject to reduction based on the quality or quantity of work performed during the pay period.

As the court explained, the defendant employer did not pay the opt-in plaintiff’s wages; rather, it paid a lump sum to the staffing agency based on the staffing agency’s calculations. For example if your basic pricing agreement allows for your staffing agency to charge a bill rate equivalent to 150% of the employee’s regular pay rate, you can ask them to reduce that mark up to 135% for hours worked and paid at overtime rates.

Unless otherwise agreed in advance, all unsolicited If a remote workforce […]. a work week. Practical HR Tips, News & Advice.

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There is no minimum number of employees that must work for an employer before the employer is responsible to comply with Fair Labor Standards Act standards. Such workers include traditional "temporary" clerical employees I worked 37h30 for the first job and 15 for the second. Horton, Lesson: Don’t Underestimate Court’s Ability to Change Its Mind, Putting the Matter to Rest: California Court Rules Commission-Pay Employees Must Be Compensated Separately for Rest Breaks, Paid Leave American-Style: “I Get Mine, But You Can’t Have Yours!”, Federal Lawsuit Over Mass Layoffs Not on the Menu for California Restaurant Group, Drill Deeper Than “Fit” as Reason For Termination, Using an Employee’s Social Media Posts to Prove Laziness? Mandatory leave bank or paid time off deductions: An employer can require its employee to use accrued leave while on furlough. A: The FLSA doesn’t require payment for time that isn’t worked, such as vacations or holidays (federal or otherwise). Temporary employees can fill job functions ranging from administrative services to bookkeeping.

Let’s face it: Nobody likes change, but how organizations and leaders approach change will make or break your company. Best of luck to you!

If I am not mistaken, I am not paid any overtime but I am wondering if I am actually entitled to it.


As federal agencies adjust their worksites to the realities of the COVID-19 pandemic, these changes will likely have a direct impact on government contractors and their employees who work at those sites. They are saying they won’t pay me overtime. Bottom line PACE services include temporary and contract staffing, temp to hire auditions, direct hire professional recruiting services, Employer of Record (payroll) services, and a large menu of candidate assessment services our clients can purchase a la carte. Accountants, for example, must be paid overtime rates.

However, there are some employees who are exempt in whole or in part from FLSA requirements. a FREE copy, Use of this site subject to our Terms of Use. I hope this information is helpful. Due to COVID-19, the need for digitizing hiring to enable remote work is even greater.

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