No. Some occupations such as certain farm workers, people who work on fishing boats, real estate salespeople and automobile salespeople are exempt from the overtime provisions. There are other groups of workers who are also exempt.
Also, certain industries, such as construction, are treated differently under the overtime rules as are certain groups of workers such as managers and supervisors.
In general, overtime pay is 1 ½ times an employee's regular wage. For example, if an employee makes $14 per hour, the employee's overtime wage would be $21 per hour.
In general, an employee must work more than 48 hours in a week (7 days) before being entitled to overtime pay. Overtime pay would attach to those hours worked in excess of 48 hours in one week. For example, if the employee worked 50 hours in one week the employee would be paid regular pay for 48 hours and overtime pay for the other two hours.
Yes. The Code overall applies to salaried employees.
To calculate the hourly rate, divide the employee's salary (per week) by the employee's regular hours worked per week. If there are no set hours, the number of hours should be a fair representation of a normal work week. Then, calculate the overtime amount due by multiplying the employee's wage per hour by the number of overtime hours worked (over 48 hours per week).
For example, if the employee's contract says the employee works 40 hours a week for a salary of $600, that means the employee's hourly wage is $15 per hour. Therefore the employee's overtime pay would be $22.50 per hour.
In general, employers are not required to pay overtime until the employee has worked more than 48 hours in a week.
Such an agreement would not be valid - the Code would still apply. No one can agree to anything that is contrary to the Code.
In general, managers and supervisors are entitled to overtime at 1 ½ times the minimum wage, after 48 hours worked in a week.
The following will help define manager/supervisor. Does the employee:
The overtime provisions contained in the Minimum Wage Order (Construction and Property Maintenance) apply to the construction industry. In general, employees of the construction industry are entitled to receive 1½ their regular wage after 110 hours worked over two weeks. For example, if a construction worker worked 112 hours over a two week period, the employee would be entitled to 110 hours at the employee's regular wage and the other two hours at 1½ times the employee's regular wage.