TO: John Jamach Piere Tindo
FROM: Sylvester Stones, Legal Expert
DATE: 17. 11. 2019
RE: Legalities Associated with Your Current Employment Status
The employment situation, in this case, is best described in the Fair Labor Standards Act (FLSA). The salary amount for the new employee must be more than $445 per week; there should be consistency in the payment mode, and the individual’s position must be well defined ( The Fair Labor Standards Act of 1938 ) . Provided that his/her time of work is well determined to be from 9 – 5, any time past that hour of work and well documented is considered overtime.
Overtime payment is made depending on the rate of engagement. If the employee is in a situation ‘waiting to be engaged’ then he/she can carry out other personal duties freely even if they have a cell phone on a 24/7 basis-It means he/she is not liable for payment. The employee can only be paid if it is a must that he/she is on duty on a 24/7 basis such that they are in an ‘engaged to wait’ kind of situation and the rate is $7.25 per hour. The situation changes in favor of the employee in case of state specific laws. Specifically, the higher standard is upheld in case of a difference in overtime pay between federal and state laws. For instance, Article 19 of the New York State labor law states that employees should paid a minimum of the hourly wage rate which is equivalent to the hourly federal minimum when set below the federal rate( Minimum Wage Act (Article 19 of the New York State Labor Law) , 2016).
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To be on call on 24/7 means that the employee can be called upon to perform a job at any time of the day. For this time, employers are mandated to pay them at least the minimum wage per hour for duty performed. However, geographical location matters. For example, if the employee handles phone calls while at home doing other things, then it will not count. It works if the employee avails themselves at the workstation and performs some duties in real time.
Not-to-do-things related to the on-call jobs include recording travel time from home to the workplace as hour-worked, and accounting for rest and meal periods ( HR360Inc, 2015) As a non-exempt employee, the individual is not eligible for an hourly payment for jobs done while at home. Lastly, ensure always to denote waiting time while on duty as they account to time worked.
Best Regards,
Sylvester Stones,
Legal Expert.
References
The Fair Labor Standards Act of 1938
Minimum Wage Act (Article 19 of the New York State Labor Law) . (2016).
[HR360Inc]. (2015). Avoid Common Hours Worked Mistakes Under the FLSA [Video File]. Youtube. Retrieved from https://www.youtube.com/watch?v=433lJppe7Z0&feature=youtu.be
