Overtime/Contractors

While we title this section of our web site “Overtime/Contractors”, there are many wage and hour issues of interest to employers, including which employees are properly exempt, overtime payments, maximum hours, vacation, sick pay, proper deductions from paychecks (including FMLA deductions), independent contractors, and the use of long-term temporary employees. We also cover some of these fundamental topics in our classes, so managers have working knowledge of the law and the ability to partner with in-house experts as issues arise. Here we offer in-depth information on exempt and non-exempt employees, overtime payments, maximum hours, vacation, sick pay, and proper deductions from paychecks (including FMLA deductions).

Below you will find our answered Ask the Lawyers questions and eNews articles grouped under FAQ categories.

FAQs

• How many hours can employees be forced to work?
• What are the rights to lunch, breaks, vacations and holidays?
• What are the rights of hourly employees?
• What are proper pay and time keeping procedures?
• What are the rules for independent contractors and temps?

How many hours can employees be forced to work?

• Can we make Saturday work mandatory?

What are the rights to lunch, breaks, vacations and holidays?

• Can an employer take away vacation as punishment for not completing a timesheet?
• Can an employer take lunches off overtime pay? What is the penalty?
• Is it illegal for our employer to dictate what time we can go to lunch?
• Do salaried employees have to take meal breaks?

What are the rights of hourly employees?

• Do I have to go back to work?
• Can our employer take away overtime without asking us?
• Must I attend mandatory trainings after hours and without pay?
• Who owns tips?
• My manager asked me to work off the clock. Do I have to report him?
• What can I do about false timesheets?
• Can they make me bank my overtime?
• Can an employer ask that the employees go to a mandatory meeting after work hours and not pay them?

What are proper pay and time keeping procedures?

• Department of Labor recovers $274 million for workers who weren’t paid properly
• Can we delay paying for orientation?
• Can my manager change my hours without notice?
• Do workers have the right to know what others are paid?
• Is it legal for the employer to ask employees to use their personal cell phones for work?
• Does a salary of $35,000 a year meet the new overtime exemption rules?
• Can owner make employee work off the clock?
• Am I entitled to a pay stub?
• When is it legal to dock an employee’s pay for poor performance or misconduct?
• How should exempt employees record their time?
• Can they withhold my paycheck?
• Do we have to pay employees for dropping off the mail at the post office?
• Can a manager be personally liable for unpaid wages?

What are the rules for independent contractors and temps?

• Company to Pay $55M for Misclassifying Workers as Independent Contractors
• When can a contractor’s pay be changed?
• Can independent contractors write reviews for employees?
• California’s Year-Old “ABC” Test for Independent Contractors Will Be Applied Retroactively
• Am I required to give independent contractors an 8-hour break between shifts?
• Can a contractor be put “on call”?
• Can we ask contractors to use a time clock?
• “Gentlemen’s” Club Stripped of Nearly $9 Million For Labor Law Violations
• Is it illegal to make Saturday work mandatory for a contractor?
• Can the boss make me an independent contractor?
• Do we have to pay contractors overtime?