Table of Contents
What are Wage and Hour Division opinion letters?
Opinion letters serve as a means by which the public can develop a clearer understanding of what FLSA and FMLA compliance entails. Opinion letters may be signed by the Wage and Hour Division Administrator or a lower level official.
What is excluded from regular rate of pay?
Payments for all vacation, holiday, paid sick leave, and paid time off for days not worked, as well as payments for unused vacation, are excluded. Additionally, payments for meal and rest period premiums are similarly excluded.
What is regular rate of pay?
The regular rate is the average hourly rate calculated by dividing the total pay for employment (except the statutory exclusions) in any workweek by the total number of hours actually worked.
What is regular rate of pay under FLSA?
Most employees covered by the FLSA must be paid at least the federal minimum wage (currently $7.25 per hour) and overtime pay at least one and-one-half times their regular rate of pay for any hours they work beyond 40 in a workweek.
Are opinion letters binding?
No. A request for an opinion letter should not raise questions about current open compliance evaluations or ongoing litigation in which the requester is involved. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way.
How do I write an opinion letter?
Make sure your letter includes:
- the date it was written.
- a salutation or greeting (who the letter is to)
- an introduction explaining your topic and opinion.
- a body with reasons that support your opinion.
- a conclusion restating your opinion or telling why it is important.
- closing.
- your signature.
What is included in California regular rate of pay?
If an employee earns hourly wages and a nondiscretionary bonus, the regular rate of pay is derived by dividing total earnings in a work week (hourly wages and nondiscretionary bonus) by all hours worked (including overtime hours).
Can you pay an employee two different hourly rates California?
When paying an employee two or more different hourly rates, you need to calculate the employee’s weighted overtime. Under the weighted overtime calculation, find the employee’s hourly weighted average. You can then use their hourly weighted average to determine their hourly overtime rate and wages.
What is California regular rate of pay?
If an employee earns hourly wages and a nondiscretionary bonus, the regular rate of pay is derived by dividing total earnings in a work week (hourly wages and nondiscretionary bonus) by all hours worked (including overtime hours). Example: Person A earns $10/hour and works 50 hours in the workweek.
What is the rate of pay in California?
Schedule for California Minimum Wage rate 2017-2023.
| Date | Minimum Wage for Employers with 25 Employees or Less | Minimum Wage for Employers with 26 Employees or More |
|---|---|---|
| January 1, 2019 | $11.00/hour | $12.00/hour |
| January 1, 2020 | $12.00/hour | $13.00/hour |
| January 1, 2021 | $13.00/hour | $14.00/hour |
| January 1, 2022 | $14.00/hour | $15.00/hour |
What are the 3 methods employers use to pay employees?
The most common methods of payroll payments to employees are direct deposit, prepaid debit cards or paper check.
Can you pay an employee two different hourly rates in California?
How do you write a legal opinion on a case?
For completeness sake, a legal opinion should set out the following:
- The background.
- The cause (or what led to the opinion being sought).
- Mandate or instruction (and what do you aim to analyse).
- Methodology (for your analysis).
- Analysis (cross referencing to legal precedent and/or authority).
What does an opinion letter look like?
Structure of an Opinion Letter Salutation – The greeting with the recipient’s name (e.g. Dear Ms. Smith). Introduction – A short one-paragraph statement of the purpose of the letter. Statement of Facts (only include when instructed) – A short statement of the relevant facts.
Can you have 2 different pay rates?
In the situation of an employee who works two different jobs at two different rates of pay, the FLSA allows two different methods of computing the regular rate for overtime calculation purposes: 1) the weighted average and 2) the regular rate associated with the job that caused the overtime to occur.