Navigating the Fair Labor Standards Act (FLSA) can be a complicated endeavor by itself, let alone taking state requirements into consideration. Most states use the same guidelines as those established by the federal government to regulate fair pay for time and attendance. However, some like California have laws that are much more stringent than those established by the Department of Labor.
For instance, the FLSA requires workers receive at least minimum wage - $7.25 - for all of their
employee attendance and one-and-a-half times that rate if they work more than 40 hours in a week. Minimum wage in California is $8 per hour, and employees must receive time-and-a-half if they work more than eight hours in a day or 40 hours in a week. Additionally, workers must be paid double time if they are on the clock for more than 12 hours in a 24-hour period, or more than eight hours on their seventh consecutive shift.
Because these requirements can be difficult to remember, business owners might want to outsource human resources. This can reduce liability, since they won't be personally responsible for calculating the correct wages, but California Employer Daily points out that simply
delegating the responsibility to an external company does not make an employer immune to FLSA or state labor rights violations. Therefore, businesses must make sure the human resource services they use are reputable and familiar with local and federal rules for their industries.
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