Overtime pay governed by FLSA provisions

Published 11:58 am Wednesday, January 7, 2015

Where can I get information on overtime pay?

Payment of overtime is governed by the federal Fair Labor Standards Act, which is administered by the U.S. Department of Labor’s Wage and Hour Division.

Workers who aren’t covered under the exemption provisions of the FLSA must be paid at least 1 1/2 times their regular pay rate for each hour they work beyond 40 hours in a workweek. The law doesn’t require extra pay for working on weekends, holidays or off days.

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“An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day,” reads a Labor Department fact sheet.

“Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. 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.”

Among those who are exempt from the FLSA’s overtime provisions, according to the Labor Department:

Executives, administrators, professional employees, outside-sales people, and certain skilled computer workers.

Seamen.

Newspaper delivery people.

Farm workers.

Casual baby sitters; companions to the elderly or the infirm.

Certain commissioned employees in retail or service jobs.

Motion picture theater workers.

Railroad and air carrier workers, taxi drivers, some employees of motor carriers and local delivery people paid on approved trip-rate plans.

Announcers, news editors and chief engineers of some nonmetropolitan broadcasting stations.

For more information, contact the Wage and Hour Division at 866-487-9243; the TTY number is 877-889-5627. The number for the New Orleans office is 504-589-6171.

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Online: http://www.dol.gov/whd/overtime_pay.htm.

Creditors can seek payment from estate

Say you have a credit card in your name. You pass away. Who would be responsible for the balance due?

Generally, creditors can seek satisfaction of the debts you owe them from your estate — that is, the assets you leave behind, including money and belongings.

In Louisiana, a community property state, if you’re married at the time of your death, your spouse would be liable for any debts incurred during the marriage, including credit card debt.

For more information, contact an attorney.

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The Informer answers questions from readers each Sunday, Monday and Wednesday. It is researched and written by Andrew Perzo, an American Press staff writer. To ask a question, call 494-4098 and leave voice mail, or email informer@americanpress.com.””

(MGNonline)