Posted 09/16/2014
Updated 10/21/20
Disclaimer: Information and Stress Profiles/Pay Conditions in this section is provided for convenience and not as legal advice. You and your business are solely responsible for verifying with your attorney and/or HR expert that all information is up to date and accurate. Deputy can create Pay Conditions and Stress Profiles as a Professional Service.
Important Note on Rounding Time: Deputy's Platform provides employers with the ability to round employee time. Deputy recommends against using this feature to round employee break time, as some states do not permit this.
Fair Labor Standards Act ("FLSA") Award
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
FLSA Weekly OT, at a multiplier of 1.50, occurs for all hours worked above 40hrs per week
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
States under the FLSA Employment Terms
Alabama
Arkansas
Arizona
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Louisiana
Maine
Maryland
Massachusetts
Michigan
Mississippi
Missouri
Montana
Nebraska
Nevada (Without Daily Overtime)
New Hampshire
New Jersey
New Mexico
New York Miscellaneous Industries
North Dakota
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Fair Workweek Employment Terms
***Fair Workweek (aka Predictive Scheduling, Secure Scheduling)
***Deputy's Fair Workweek Awards are available only on the Enterprise platform. Contact customer support for more information and to access these awards.
New York Employment Terms
Long Island & Westchester (New York) Hospitality
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
FLSA Weekly OT, at a multiplier of 1.50, occurs for all hours worked over 40 in a week
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
New York Spread of Hours Premium, at a rate of 1 unit, occurs for >10 hours between start time and end time in a day
New York City (10 or less employees) Hospitality
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
FLSA Weekly OT, at a multiplier of 1.50, occurs for all hours worked over 40 in a week
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
New York Spread of Hours Premium, at a rate of 1 unit, occurs for >10 hours between start time and end time in a day
New York City (11 or more employees) Hospitality
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
FLSA Weekly OT, at a multiplier of 1.50, occurs for all hours worked over 40 in a week
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
New York Spread of Hours Premium, at a rate of 1 unit, occurs for >10 hours between start time and end time in a day
New York Miscellaneous Industries
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
FLSA Weekly OT, at a multiplier of 1.50, occurs for all hours worked over 40 in a week
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
Upstate New York Hospitality
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
FLSA Weekly OT, at a multiplier of 1.50, occurs for all hours worked over 40 in a week
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
New York Spread of Hours Premium, at a rate of 1 unit, occurs for >10 hours between start time and end time in a day
Other State Specific Employment Terms
Alaska
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
Alaska Daily OT, at a multiplier of 1.50, occurs for all hours worked above 8hrs per day
Alaska Weekly OT, at a multiplier of 1.50, occurs for all hours worked above 40hrs per week
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
California (Without Meal Break Waiver)
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
California Daily OT - First 4hrs, at a multiplier of 1.50, occurs for all hours worked between 8-12hrs per day (on the first 6 working days in a week)
California Daily OT - After 4hrs, at a multiplier of 2.00, occurs for all hours worked above 12hrs per day (on the first 6 working days in a week)
California Weekly OT, at a multiplier of 1.50, occurs for all hours worked above 40hrs per week
California 7th Workday - First 8hrs, at a multiplier of 1.50, occurs after 0-8hrs worked on the 7th consecutive workday in a week
California 7th Workday - After 8hrs, at a multiplier of 2.00, occurs after 8+hrs worked on the 7th consecutive workday in a week
Missed Rest Break Premium at 1.0x if employee answers No to rest break attestation question ***IMPORTANT-DO NOT CHANGE THE ATTESTATION QUESTION DEFAULTS OR THIS FEATURE WILL NOT FUNCTION PROPERLY***
Missed Meal Break Premium at 1.0 x if employee answers No to meal break attestation question ***IMPORTANT-DO NOT CHANGE THE ATTESTATION QUESTION DEFAULTS OR THIS FEATURE WILL NOT FUNCTION PROPERLY***
Split Shift Premium Pay if employee works a split shift (two shifts separated by longer than one hour in the same workday).
Public Holiday Premium Pay at 1.5x for hours worked on a day that the employer designates as a public holiday in the schedule.
California (With Meal Break Waiver)
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
California Daily OT - First 4hrs, at a multiplier of 1.50, occurs for all hours worked between 8-12hrs per day (on the first 6 working days in a week)
California Daily OT - After 4hrs, at a multiplier of 2.00, occurs for all hours worked above 12hrs per day (on the first 6 working days in a week)
California Weekly OT, at a multiplier of 1.50, occurs for all hours worked above 40hrs per week
California 7th Workday - First 8hrs, at a multiplier of 1.50, occurs after 0-8hrs worked on the 7th consecutive workday in a week
California 7th Workday - After 8hrs, at a multiplier of 2.00, occurs after 8+hrs worked on the 7th consecutive workday in a week
Missed Rest Break Premium at 1.0x if employee answers No to rest break attestation question ***IMPORTANT-DO NOT CHANGE THE ATTESTATION QUESTION DEFAULTS OR THIS FEATURE WILL NOT FUNCTION PROPERLY***
Missed Meal Break Premium at 1.0 x if employee answers No to meal break attestation question and worked a shift of longer than 6 hours ***IMPORTANT-DO NOT CHANGE THE ATTESTATION QUESTION DEFAULTS OR THIS FEATURE WILL NOT FUNCTION PROPERLY***
Split Shift Premium Pay if employee works a split shift (two shifts separated by longer than one hour in the same workday).
Public Holiday Premium Pay at 1.5x for hours worked on a day that the employer designates as a public holiday in the schedule.
Colorado
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
Colorado Daily OT, at a multiplier of 1.50, occurs for all hours worked above 12hrs per day (and new with 09/2020 release -- OT for 12 consecutive hours worked regardless of day(s))
Colorado Weekly OT, at a multiplier of 1.50, occurs for all hours worked above 40hrs per week
Kansas (FLSA)
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
FLSA Weekly OT, at a multiplier of 1.50, occurs for all hours worked above 40hrs per week
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
New with September 2020 Release: Split Shift Premium Pay: A period of 30 minutes or more between split shifts is paid unless the employee answers "no" to this attestation question: "I attest that was previously advised that the period between my shifts would not be paid and was free to use that period of time for my own benefit."
Kansas (Non-FLSA)
Kansas (Non-FLSA) Ordinary, at a multiplier of 1.00, occurs M-Sun
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
Kansas (Non-FLSA) Weekly OT, at a multiplier of 1.50, occurs for all hours worked above 46hrs per week
New with September 2020 Release: Split Shift Premium Pay: A period of 30 minutes or more between split shifts is paid unless the employee answers "no" to this attestation question: "I attest that was previously advised that the period between my shifts would not be paid and was free to use that period of time for my own benefit."
Kentucky
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
FLSA Weekly OT, at a multiplier of 1.50, occurs for all hours worked above 40hrs per week
Kentucky 7th Workday, at a multiplier of 1.50, occurs for all worked on the 7th consecutive workday in a week
Massachusetts Retailer Labor Law
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
Massachusetts Weekly OT, at a multiplier of 1.50, occurs for all hours worked above 40 in a week
Massachusetts Sunday Premium Pay, at a multiplier of 1.30, occurs for all hours worked on Sundays.
Minnesota**
**This pay rate should be used only by MN employers who are not subject to FLSA. Employers who are subject to the FLSA (annual sales of $500k or more or are engaged in interstate commerce) should use the FLSA pay rate.
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
FLSA Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
Minnesota Weekly OT, at a multiplier of 1.50, occurs for all hours worked above 48hrs per week
Nevada (Below 1.5x min wage)
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sun
Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer
Nevada Daily OT, at a multiplier of 1.50, occurs for all hours worked above 8hrs per day
Nevada Weekly OT, at a multiplier of 1.50, occurs for all hours worked above 40hrs per week
New York Awards (See Above)
Rhode Island Labor Law
FLSA Daily Rate, at a multiplier of 1.00, occurs M-Sat
Weekly OT, at a multiplier of 1.50, occurs for all hours worked above 40hrs per week
New with September 2020 Release: Sunday Premium Pay, at a multiplier of 1.50x occurs on Sun
New with September 2020 Release: Public Holiday Rate, at a multiplier of 1.50, occurs on any public holiday designated by the employer in Deputy
General (Non-Library) Employment Terms Available in Deputy
USA Exempt From FLSA - no overtime applied.
Hourly - Employer designates hourly rates for Weekdays, Saturday, Sunday and Public Holiday. No overtime applied.
Hourly (40 h + 1.5x Overtime) - 1.0x for hours up to 40 in a week, 1.50x for hours over 40 in a week ***NOT RECOMMENDED FOR SEMI MONTHLY PAYROLLS OR ADP EXPORT CUSTOMERS***
Hourly (44 h + 1.5x Overtime) - 1.0x for hours up to 44 in a week, 1.50x for hours over 44 in a week ***NOT RECOMMENDED FOR SEMI MONTHLY PAYROLLS OR ADP EXPORT CUSTOMERS***
Rates per Day - Employer specifies hourly rate for each day of the week, and pubic holidays. No overtime applied.
Salary - For use with salaried employees.