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w w w. M y P R I N T R e s o u r c e . c o m
erally required to pay the employee
premium pay for such overtime work.
Employees must receive overtime pay
for hours worked in excess of 40 hours
in a workweek of at least one and one-
half times their regular rates of pay. The
FLSA does not require overtime pay for
work on Saturdays, Sundays, holidays,
or regular days of rest, unless overtime
hours are worked on such days. On the
counter side, there is no federal man-
date to pay double time for overtime on
holidays. That is a matter of agreement
between the employer and employee
and not a matter of federal law.
These are other actions that are taken
by owners or managers which are clearly
attempts to avoid the true cost of labor
and can result in penalties if determined
to be systematically undertaken:
• Making improper deductions from
paychecks causing wages to fall below
statutory requirements.
• Failing to include commissions, shift
differential pay, and other monetary
payments in the overtime calculation
for hours worked over 40 in the given
work week.
• Using comp time to avoid paying
overtime.
• Applying rounding rules that regu-
larly short employees of wages earned.
Bottom Line
Prudent employers who wish to limit
their legal exposure should take care
to comply with the requirements of
hourly, salaried-nonexempt, and sal-
aried-exempt. Just because you have
been doing it the same way for so long,
it doesn't mean it is okay to continue.
It only takes one disgruntled employee
to get you in trouble. For further infor-
mation, you may want to visit the US
Department of Labor website: www.
dol.gov. ◗◗
Debra Thompson is president of TG &
Associates, a consulting firm specializing in
Human Resources for the Graphics Industry.
Debra can be reached toll free at 877-
842-7762 or debra@tgassociates.com. Visit
www.tgassociates.com for help in finding,
developing and retaining top performers and
the tools to help motivate them for success.
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