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USA Federal and State Employment Terms

Krista Hardwick
  • Updated

Posted 09/16/2014
Updated 10/21/20

Disclaimer: Information and Stress Profiles/Pay Conditions in this section are 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
  • Split Shift Allowance, at a value designated by the customer, occurs on any day the employee works a split shift. 

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 1.10x, 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 should use the "FLSA - Standard" pay rule.

  • 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)**

**This pay rate should be used only for NV employees who are paid less than 1.5x state minimum wage. Employees whose pay exceeds that threshold should be assigned to the "FLSA - Standard" pay rule.

  • 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.

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