Havre Job Service Employers'
Committee Employer Resource Guide
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Havre Job Service Employers'
Committee Employer Resource Guide
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Wage
& Hour Laws - Do Not Require
Ø
Vacation
pay (private sector) - if promised and earned, is due and payable Ø
Holiday or sick pay (private
sector) Ø Severance pay Ø Rest breaks or meal periods Ø Holidays off Ø Pay raises or fringe benefits Ø
Time
clocks to be used The Wage & Hour Unit has no jurisdiction over
scheduling employees, disciplinary actions or termination RECORDS
REQUIRED TO BE KEPT: v Name in full v Social Security Number v Home address v Date of birth v Time of day and day of week employee’s workweek begins v Regular hourly rate of pay and length of pay period v Hours worked each work day and total hours worked each workweek v Date of payment and pay period covered by payment v Total daily or weekly straight time earnings or wages v Total weekly overtime compensation v Total additions to or deductions from wages v
Total wages paid each pay period Records required for
exempt employees differ from those for nonexempt workers. Also, special
information is required on employees under uncommon pay arrangements or to whom
board, lodging or other facilities are furnished. Records of the required
information must be preserved for 3 years. HOURS WORKED
o
Includes all the times an
employee is required to be on duty or on the employer’s premises or at a
prescribed work place and all the time during which they are suffered or
permitted to work for the employer. o
Meal periods unless certain
criteria are met: 1) completely relieved of duty and 2) at least 30 minutes in
duration o
Staff/business meetings and
training o Not work time if: 1) attendance is outside of employee’s regular working hours; 2) attendance is voluntary; 3) not directly related to employee’s job, and 4) employee does not perform any productive work during attendance. o Sleeping time on a shift of less than 24 hours o Preparatory and concluding activities o Rest breaks o Time spent waiting o
Travel time
Rules On Travel
Time HOME
TO WORK (ordinary situation) Normal travel from
home to work is not work time. This is true whether employee works at a fixed
location or at different job sites. HOME
TO WORK (emergency situation) Travel to the job and back home by an employee who receives an emergency
call outside of their regular hours to report back to their regular place of
business to do a job is considered working time. HOME
TO WORK IN ANOTHER CITY (special one day assignment)
All time spent traveling to another city would be considered work time
except for the travel from home to public transportation, such as a bus depot,
this would be the normal home-to-work travel. The usual mealtime would be
deductible also. TRAVEL
ALL IN THE DAY’S WORK
Time spent by an employee in travel as part of their principal activity,
such as travel from job site to job site during the work day, must be counted as
hours worked. If the employee goes home instead of returning to the employer’s
premises from the last job site, this travel is home-to-work travel and is not
hours worked. If an employee is required to report at a meeting place to receive
instructions or to perform other work there, or to pick up and to carry tools,
the travel from the designated place to the work place must be counted as hours
worked. TRAVEL
AWAY FROM HOME COMMUNITY
Travel that keeps an employee away from home overnight is travel away
from home and is clearly work time when it cuts across the employee’s work day
(employee is simply substituting travel for other duties). This time is not only
hours worked on regular working days during normal working hours but also during
the corresponding hours on nonworking days. For example, if an employee normally
works 8 a.m. to 5 p.m. Monday through Friday, the travel time during these hours
on Saturday and Sunday are also counted as work time. Travel outside of the
employees’ regular working hours as a passenger on an airplane, train, boat,
bus or automobile is not considered work time. When an employee requests, and is
allowed, to drive their car in place of public transportation that is offered,
the time it would have taken to travel by public transportation is counted as
hours worked. WORK
PERFORMED WHILE TRAVELING
Any work which an employee is required to perform while traveling must be
counted as work time. One who drives and is required to ride as assistant/helper
is working while riding. Sleep in adequately furnished facilities would not be
counted as hours worked.
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