Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Change work week Georgia Florida

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Change work week Georgia Florida

    We have been paying our payroll bi-weekly, based on a 7 day work week that ran Sunday through Saturday. Because of new software, we want to change to a Monday through Sunday work week. Can we change the work week on the first paycheck of the year, if we have not notified the employees of this change? We are not changing the rate of pay just the time periods.

    We pay a bi-weekly draw, and monthly commissions, spiffs and bonuses. How do we need to account for the first week that the change takes place? Are there posted laws on how to do this?

    THANKS TM

  • #2
    Employee notification is controlled by state law, and I will defer that part of your question to people who know more about these two states then I do. What little I know about GA and FL is that these two states have very little in the way of state specific labor law.

    I will however suggest that you have a federal law issue that you need to keep an eye on and that is the calculation of overtime during the pay periods that you change your workweek definition.

    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.105.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      The link above is not working. I will try it later. I only need information for Florida
      The Georgia part was and accident.

      We are exempt from overtime according to: Fact Sheet #20: Employees Paid Commissions by Retail Establishments Who Are Exempt under Section 7(i) From Overtime under the FLSA http://www.dol.gov/esa/regs/compliance/whd/whdfs20.pdf

      Side note: Do we qualify for this exemptiom if we have less than 50 employees?


      Where we might have a problem is determining “a week” for the section concerning the 1 ½ times minimum wage clause:

      “To determine if an employer has met the "more than one and one-half times the applicable minimum wage" condition, the employer may divide the employee's total earnings attributed to the pay period by the employee's total hours worked during such pay period. If the result is greater than time and one-half the minimum wage, this condition of the exemption has been met.”

      It states that we must use at least one month’s wages, and up to one year’s wages to calculate this number. Hopefully that should keep us from having any problems. Has anyone gone through this adjustment process?

      If we do not meet the 1 1/2 times minimum wage, for an employee, for one month, how are we expected to compensate the employee for that shortage?

      Comment


      • #4
        Originally posted by TM1 View Post
        Side note: Do we qualify for this exemptiom if we have less than 50 employees?
        The chance that you are subject to the FLSA law is very high. The number of employees per se is not one of the conditions.
        http://www.dol.gov/esa/regs/compliance/whd/whdfs14.htm


        Originally posted by TM1 View Post
        If we do not meet the 1 1/2 times minimum wage, for an employee, for one month, how are we expected to compensate the employee for that shortage?
        It is complicated but basically each work week you should be paying each employee 150% of MW as a "draw" and then commissions should be paid only to the extent that earned commissions exceed the draw.

        Try this webpointer instead of the other one I posted.

        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.105.htm
        Last edited by DAW; 01-08-2008, 05:10 PM.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Thanks
          We also have two exempt salaried employees and 8 non-exempt hourly employees. How do we compensate for the change in pay weeks for them?

          I hope that my controller knows more about this than I do.

          Comment


          • #6
            For your nonexempt hourly employees, follow the link that DAW provided in his first response.

            For your exempt employees, unless their scheduled workweek includes weekends, it won't make a difference. A M-F employee is going to work the full workweek whether the workweek starts on a Sunday or a Monday.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment

            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
            Working...
            X