Massachusetts Employee Time Report (Nonexempt)
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How to fill out Employee Time Report (Nonexempt)?
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FAQ
Unless all three conditions are met, the Section 7(i) exemption is not applicable, and overtime premium pay must be paid for all hours worked over 40 in a workweek at time and one-half the regular rate of pay." Highlights of the final rule on overtime eligibility for white collar employees, U.S. Dept.
(c) The employer shall post 7 days in advance of the start of each week in writing a schedule that includes the shifts of all current employees at that worksite, whether or not they are scheduled to work or be on call that week. The employer shall update that posted schedule within 24 hours of any change.
An exempt employee is not entitled to overtime pay according to the Fair Labor Standards Act (FLSA). To be exempt, you must earn a minimum of $684 per week in the form of a salary. Non-exempt employees must be paid overtime and are protected by FLSA regulations.
Employers must provide employees with prompt notice of any schedule changes. Schedule changes can occur in a smaller than 14-day window. Most scheduling laws require at least a 24-hour notice, however. Some laws require the employer to give the employee the right to accept or refuse.
Employers must provide employees with a written work schedule, including on-call shifts, before the schedule begins (commonly around 14 days preceding the first day of the schedule).
Exempt employees are mostly paid on a salary basis and not per hour. Unlike non-exempt employees, employers may decide whether to pay exempt employees for any extra work outside the official 40 working hours per week. As a business owner, this allows you flexibility in your payment and employee benefits policies.
The distinction between these two classifications is that nonexempt employees must be paid overtime for all hours worked beyond forty in a workweek, while exempt employees do not receive overtime regardless of how many hours they work.
Under the new regulations, an employee who is paid a guaranteed salary of not less than $455 per week can be classified as exempt if the employee meets the duties tests for an executive or administrative or professional employee as described below.
Employees can be required to work overtime, whether paid or unpaid, only if this is provided for in their contract of employment.
Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.
