Employee Overtime: How Workers Should Get Paid

for Over 40 Work Hour

Wages for overtime work hours are a common cause of contention among US employers and employees.
Often, an employer might require a staff member to work overtime without wanting to pay the wage cost.

On the other hand, several employees don't exactly know what constitutes overtime: whether it involves
daily or weekly work hours. Let's help you answer some crucial questions on employee overtime,
including how workers should get paid when they work more than 40 hours a week.

Defining Overtime According to US Laws

The exact definition of overtime is confusing for some employers and employees. According to the Fair
Labor Standards Act (FLSA), employers must pay non-exempt employees 50% (time and a half) of their
standard hourly wage for every hour worked above the 40-hour weekly standard (eight hours a day for
five workdays in a week).

However, some workers interpret this law using daily work hours. For example, a non-exempt staff
member who works 15 hours on Monday believes they should receive overtime pay for the additional
seven work hours.

According to the FLSA, the employee is only eligible for overtime wages if their total hours at the end of
the week exceeds 40 hours. In other words, even if a staff member works 15 hours on Monday but works
five hours on Wednesday and stays within the 40-hour standard at the end of the week, they're not entitled
to overtime pay.

That said, some states in the US use a daily standard. For example, in California, employees receive
overtime wages for every extra hour they work daily beyond the standard eight-hour workday.

Aside from determining the standard work hours for overtime, the FLSA also defines which employers
can pay overtime and which workers can receive wages for overtime hours.

Which Employers Must Pay Overtime?

The FLSA doesn't require all employers in the US to pay overtime. Generally, businesses that have
$500,000 in annual sales must pay overtime. The law also requires companies with staff members that
work in interstate commerce (execute business duties between states) to pay overtime.

This business may include making calls or sending emails to other US states. Furthermore, some
companies may not fall under the FLSA laws; however, their resident states may have overtime laws that
require them to pay overtime wages.

So, even if your company doesn't fall under the FLSA category, you should contact your state's labor
department to determine if state laws require you to pay overtime.

Which Employees Are Eligible for Overtime?

If your business falls under the FLSA or state category of companies to pay overtime wages, then all your
employees are eligible for overtime wages. However, US laws exempt some staff members from
receiving overtime pay. They include:

 Professional, administrative, and executive staff members who are on a paid salary
 Outside salespersons (employees that sell goods or services away from the office location)
 Newspaper deliverers
 Volunteer staff (this exception does not typically apply to businesses established for profit)
 Specific computer technicians (programmers or software engineers) with a minimum salary of
$27.63
 Seamen
 Specific switchboard operators and criminal investigators
 Casual babysitters and caregivers that offer companionship to people who cannot look after
themselves (this category doesn't include nursing care and some specific home care workers who
provide some domestic services)
 Small farm staff
 Independent contractors
 Workers in seasonal amusement and recreational establishments, such as ski resorts
 Organized camps and nonprofit/religious educational conference centers that are active for less
than seven months in a year
 Small newspaper workers

How Do Employers Try to Avoid Overtired Payment?

Some employers may try to avoid paying overtime by requesting their workers to clock out after standard
work hours while continuing to work at the office. However, according to US laws, if the company
receives benefits from a staff member's overtime work hours, it must pay for the additional hours.

Companies that have rules that employees should not exceed 40 hours per week must still pay overtime if
a staff member works extra hours at the end of a workweek.

Furthermore, some company executives require their staff to sign contracts that state that they'll not
receive overtime wages if they work above 40 hours a week. These contracts are illegal according to US
laws, and the employee must still receive their overtime wages.

While the FLSA also exempts salaried executive, professional, and administrative employees from
receiving overtime, these individuals must have a minimum salary of $455 per week to fall under this
category.

However, some employers exempt all salaried professional, administrative, and executive workers from
overtime wages regardless of their weekly salary.

This exemption is illegal according to US laws; if an employee doesn't fall under the exempt category,
they must receive overtime for extra work hours they spend at the office.

Conclusion
Overtime wages are a complex issue in offices across the US, especially since many company executives
may want to bend the rules to avoid paying eligible employees. If your employer refuses to pay you for
overtime work hours, you may need to speak to the company's human resource department.

If the issue lingers, it's time to hire an attorney to come to your aid. At the Law Office of Sheri Oluyemi,
our legal team has decades of expertise in US employment law cases. We can help you get justice against
your employer and recover all lost wages. Reach out to us today for a free teleconference.

Managing Monkeypox In the Workplace: A Guide for US

Employers
With over 18,000 cases in the US, the CDC has rightly declared the monkeypox outbreak a Public Health
Emergency of International Concern (PHEIC).

As the cases continue to surge, American employers who, up until recently, had to deal with the impact of
COVID-19 lockdowns and CDC pandemic guidelines on their businesses face a new dilemma of
navigating another disease outbreak.

For US business owners, it's crucial to take proactive preventive steps to ensure safer workplaces and curb
the spread of the monkeypox virus. Here are some measures employers can take to mitigate MonkeyPox
in their offices:

1. Get Guideline Information from Reputable Sources

Conspiracy theories and fake news are often hallmarks of national emergencies. Misinformation can
spread fear and panic, cause as much harm as the disease itself, and result in stigma towards infected
populations.

As such, business owners should ensure they only source information from reputable sources, such as the
CDC, WHO, the United States Department of Health and Human Services, and the Department of State.

They should consult these international and local bodies regularly, as workplace guidelines and case
reports can change quickly as research develops and medical experts discover more about the virus.

The Coronavirus pandemic saw health agencies work with local governments to set up information
databases to disseminate information more efficiently and promptly; as such, US employers shouldn't
struggle to find reliable and up-to-date developments surrounding the disease.

2. Educate Employees About the Spread of Monkeypox

As employers receive updates and guidelines surrounding the monkeypox virus, they must keep their
workforce informed about the disease. American business executives should educate their staff on
monkeypox transmission and its symptoms.
According to the World Health Organization, monkeypox spreads through close contact with infected
individuals/animals or contaminated objects. The disease primarily spreads through face-to-face, mouth-
to-mouth, and skin-to-skin contact.

Symptoms include pimple-like rash, headache, swollen lymph nodes, muscle and back aches, fatigue, and
fever. Monkeypox has a 21-day incubation period, and infected persons could suffer the virus for up to
four weeks.

However, medical experts are yet to determine whether there's a possibility of airborne transmission or if
asymptomatic individuals can spread the infection. As these developments unfold, employers should keep
their staff updated.

3. Inform Employees About Monkeypox Preventive Measures

and Expand COVID-19 Workplace Protocols to Curb
Monkeypox Spread
Alongside information about monkeypox spread and symptoms, employers should also educate their
workforce about strategies to prevent infections. Some of the precautions employers can educate their
staff about include:

 Washing hands regularly with soap or alcohol-based sanitizers for 20 seconds

 Limiting skin-to-skin contact with individuals who have a pimple-like rash that's typical of
monkeypox
 Maintaining a safe distance from individuals who are sick
 Regularly disinfecting all workplace surfaces, such as tables, seats, doorknobs, etcetera.
 Self-isolation when infected persons discover possible monkeypox symptoms
 Employers who have been in contact with a monkeypox patient should also self-isolate and
monitor their health for 21 days
 People who live with infected persons should adhere to infection prevention measures to
safeguard themselves

Since some of the preventive measures for monkeypox are related to COVID-19 guidelines, employers
can expand and reinforce COVID-19 workplace protocols to restrict the transmission of the monkeypox
virus in the office.

For example, company managers can implement a sick leave policy for ill employees. They should also
provide multiple disinfectants around the office and ensure strict adherence to safety precautions, such as
the regular disinfecting of workstations.

4. Monkeypox Preventive Measures Should be Business-Specific

While it's crucial to enforce workplace safety measures to curb the spread of the monkeypox virus,
employers should tailor these strategies to fit their business model.

For example, retail shops with more touch surfaces and more opportunities for face-to-face contact will
have several separate approaches than other businesses with limited person-to-person contact. Healthcare
workers and caregiving homes will also have specific workplace considerations.
Conclusion
The monkeypox outbreak provides another tricky situation for US employers to navigate. However, the
healthcare practices and policies from the COVID-19 pandemic can help companies and businesses safely
handle and curb the spread of monkeypox around offices in America.

That said, similar to the Coronavirus pandemic, the monkeypox virus may have several legal implications
(such as vaccination exemption requests) for businesses and employers in the US, especially as
government guidelines and vaccination policies roll out in the coming months.

As such, as companies implement strategies to mitigate the virus' health implications, they should also
consult with their legal teams for counsel on future federal and state legislation and steps to navigate
them.

At the Law Office of Sheri Oluyemi, we help small and medium-sized businesses handle employment law
cases, such as COVID-19 and monkeypox vaccination exemption requests and lawsuits.

Our legal team can help your business avoid the legal pitfalls and implications that could arise from
legislation surrounding the monkeypox virus. Reach out to us today for a free teleconference.

Updated CDC Guidelines for General Communities and

Non-healthcare Workers
The CDC recently revised its COVID-19 prevention recommendations for general communities and non-
healthcare employees. According to the statement published on the agency's website, the CDC no longer
recommends quarantine for individuals exposed to COVID-19, regardless of whether or not they've
received the vaccine, as long as they've not shown symptoms or returned a positive coronavirus test.

Instead, the agency advises these persons to wear high-quality masks for ten days and undergo a COVID-
19 test on the fifth day. However, infected individuals or those with COVID-19 symptoms should self-
isolate for at least five days and wear high-quality masks for ten days. The new guidelines by the CDC
include:

 Staying updated with COVID-19 vaccines

 Improving ventilation
 Undergoing tests for COVID-19 if necessary
 Following healthcare recommendations for what to do If exposed to the virus
 Staying home if you have COVID-19 symptoms or returned a positive test result
 Seeking treatment for COVID-19 after a test result and are at high risk of getting sick
 Avoiding close contact with infected individuals or those who show COVID-19 symptoms

Staying Updated on COVID-19 Vaccines

The CDC recommends staying up-to-date with COVID-19 vaccines to reduce the risk of illness or
fatalities from COVID-19. COVID-19 vaccines safeguard you from the virus that causes the disease.

As such, the agency advises all eligible US citizens, especially those with weak immune systems, to get
boosters and update their vaccinations.

People with allergies to the vaccines can speak with their doctors to determine if they're eligible for
Evusheld: a drug that combines two monoclonal antibodies and helps prevent COVID-19 for six months.

Undergo Tests for COVID-19 If Necessary

People who have COVID-19 symptoms should undergo viral tests to confirm if they have the virus. Two
types of COVID-19 viral tests exist: laboratory tests and rapid tests.

Both tests typically use saliva samples or fluids from your nose or throat to verify if you have an
infection. Aside from visiting your local healthcare department for a COVID-19 test, you can also order
free self-tests from COVIDtests.gov.

Furthermore, Medicare will cover eight free tests monthly for those with Medicare Part B or enrollment
in a Medicare Advantage plan from participating healthcare providers. Your private healthcare insurance
may also cover the cost of self-tests.

You can contact your healthcare provider or a community testing center for more information.

Follow Healthcare Recommendations and Guidelines After an

Exposure to COVID-19
The CDC offers recommendations for those who have been exposed to COVID-19. The agency advises
that they should wear protective masks when indoors or around other people. They should also undergo
tests and monitor their condition for symptoms for ten days.

Self-isolating After a Positive Test

Individuals with COVID-19 should self-isolate for five days and follow other CDC self-isolation
guidelines. This recommendation also applies to those who have returned a positive test but do not show
COVID-19 symptoms.

If you have symptoms but have not undergone a test or seen your test results, the CDC advises that you
self-isolate untill you go for a test or receive your test results.

Avoid Close Contact With Infected Individuals

If you live around an infected person or know someone who had COVID-19, you should avoid close
contact with these individuals, regardless of whether they're showing symptoms. Do not go close to
anyone with COVID-19 until they have ended their self-isolation to avoid getting an infection.
If it's impossible to stay away from an infected person, the CDC recommends using as many preventive
strategies as possible to safeguard yourself. You should practice hand hygiene, wear a high-quality mask
around them, improve ventilation around the home, and maintain social distance from infected persons.

Conclusion
While the CDC's current COVID-19 recommendations may seem more relaxed than the strict guidelines
of some months ago, the agency still considers the virus a health threat and counsels complete adherence
to preventive strategies.

It recommends vaccinations for individuals who have not gotten the vaccines, while those who have
should stay up-to-date on their shots. That said, mandatory vaccination policies have been a contending
topic across US workplaces, especially since some employees may require exemptions for religious or
health purposes.

If you're facing discrimination at your office because of a vaccination exemption request, you may require
an attorney to come to your aid. You can reach out to us at the Law Office of Sheri Oluyemi to defend
your case against your employer.

Our team of attorneys are experts in US employment litigations, including COVID-19 vaccination
exemption lawsuits. Contact us for a free teleconference today.