independent contractors

Employers can mandate overtime work, with the exception of certain healthcare facility employees. Overtime is based on hours actually worked during a given work week. A nail technician’s tip-producing work includes performing manicures and pedicures and assisting the patron to select the type of service. Done for an existing customer.Duties that do not generate tips and are not directly related to duties that generate tips include painting, taking inventory of backroom supplies, ordering supplies, scheduling, cleaning bathrooms.

How do I calculate how many hours I worked overtime?

In the US, the federal minimum overtime rate for hourly employees is one and a half times the regular hourly rate for work. For example, if an hourly employee is paid $12 per hour and works for 50 hours per week, they'll receive $12 for the first 40 hours and $18 for the 10 overtime hours.

Additional state labor laws in California also entitle any employee who works for more then 15 hours in a single day to be paid at least one and a half times their normal rate for all hours worked over the overtime limit. On January 1, 2021 and each January 1st thereafter, the minimum hourly wage then in effect must be increased by the increase, if any, in the cost of living. Under certain conditions, employers may pay tipped employees below the applicable minimum wage by using tip credit.

When can an employer take the tip credit deduction from employees’ base wages?

Creative Minimum Wage and Overtime Pay, in which an employee’s primary duties involve invention, imagination, originality, or talent in a field of creative or artistic endeavor. The Coverage and Employment Status Advisor helps identify which workers are employees covered by the FLSA. The information provided on this page should in no way be considered legal advice.


The Fair Labor Standards Act requires that non-exempt employees receive overtime pay equal to one and one-half times their regular hourly pay for all hours worked in excess of 40 in a week. It also requires employers to pay a minimum wage to most workers.

Is „comp time“ legal?

Tips that are automatically included in the customer’s bill or that are charged to a credit card must be treated like tips given to the service employee. A tip that is charged to a credit card must be paid by the employer to the employee by the next regular payday and may not be held while the employer is awaiting reimbursement from a credit card company. The employer may not deduct any amount from employee tips charged to a credit card, including, but not limited to, service fees assessed to the employer in connection with the credit card transaction. Your paycheck is to be issued within 24 hours of your demand for wages (see Minnesota Statutes 181.13). If you quit, your wages are due within the next pay period that is more than five days after quitting.


However, of manufacturing establishments must receive overtime after 10 hours in a day. Federal law requires that all amounts, including nondiscretionary bonuses, be included in the regular rate when calculating overtime. In contrast to an “independent contractor,” generally employees are individuals who regularly performwork within that employer’s ordinary course of business. Workers are not independent contractors simply because they work offsite, or work remotely, or have flexibility over their hours and responsibilities. Employers can define a workweek as any 7 consecutive days beginning on the same day and time every week. If an employer does not define a workweek, then it defaults to the calendar week – Sunday through Saturday.

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