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HS: Pay Rules
William Spring
Updated
Below are the different pay rules available to use in Hotschedules, as well as their definitions.
United States
State/Province
Overtime Rule
Definition
California
Week 40/Day 8 [CA Standard]
40 hours/week
8 hours/day
Double time after 12 hours a day
If employee works 7 days of a work week, the first 8 hours of that day is time and a half, and the rest is double time
30 minute unpaid minute break after 5 consecutive hours (break is subtracted from total minutes worked in the shift)
add ($10.50 - ((pay rate - $10.50) * (today's minutes worked / 60)) special pay for split shifts with a break of > 1 hour* ((side note: $10.50 is a place holder for current minimum wage))
California
Week 40/Day 8 [CA No Break]
40 hours/week
8 hours/day
Double time after 12 hours a day
If employee works 7 days of a work week, the first 8 hours of that day is time and a half, and the rest is double time
Add ($10.50 - ((pay rate - $10.50) * (today's minutes worked / 60)) special pay for split shifts with a break of > 1 hour*
Colorado
Week 40/Day 12 [CO Standard]
40 hours/week
12 hours/day
Colorado
Week 40/Day 8 [CO Minors & Adults]
40 hours/week for all employees
8 hours in a 24-hour period for employees under 18
12 hours in a 24-hour period for employees over 18
Florida
Week 40 [FL Standard]
For every hour worked in excess of 10 hours in a single day, the employee will accrue $1 in extra pay. This is in addition to the standard wage paid for those hours worked.
For hours worked in excess of 40 hours per week, the employee will accrue overtime at the standard rate of 1.5 times the pay rate. This is in addition to any extra pay accrued by working more than 10 hours in a single day.
Hawaii
Week 40 [HI Standard]
40 hours/week
30 minute unpaid minute break after 5 consecutive hours (break is subtracted from total minutes worked in the shift)
Kentucky
Week 40 [KY Standard]
For any hours worked on a 7th consecutive day during a work week in which more than 40 hours are worked, the employee will be paid at the standard OT rate of 1.5 time the pay rate for all hours worked on that day. For example, if an employee has worked every day for the first six days of a workweek for a total of 36 hours, and then works 8 hours during the seventh day of the work week (for a total of 44 hours), all 8 hours worked during that seventh day will be paid at the standard OT rate.
For hours worked in excess of 40 hours per week when the 7th consecutive date condition is not met (see above), the employee will accrue overtime at the standard rate of 1.5 times the pay rate.
New York
Week 40 [NY Standard]
40 hours/week
if day spread of hours > 10 hours, add one hour of Special Pay at minimum wage
Example 1: 7 a.m. – 10 a.m., 7 p.m. – 10 p.m. = 6 hours worked but a 15 hour spread
Example 2: 11:30 a.m. – 3 p.m., 4 p.m. – 10:00 p.m. = 9½ hours worked but a 10½ hour spread
Example 3: 8 a.m. – 6:15 p.m. = 10.25 hours worked
Spread of Hours is defined as: the length of the interval between the beginning and end of an employee's workday. The spread of hours for any day includes working time plus time off for meals plus intervals off duty.
Nevada
Week 40/Day 8 [NV 24 Hour Calendar Day]
40 hours/week
8 hours/day, only if employee makes less than 1.5x the minimum wage
Nevada
Week 40/Day 8 [NV 24 Hour Rolling]
40 hours/week
8 hours/day, only if employee makes less than 1.5x the minimum wage
If an employee makes less than 1.5x the minimum wage, they are eligible for “daily overtime” (overtime for hours worked over 8 hours in a workday). Nevada defines a “workday” as a “period of 24 consecutive hours which begin when the employee begins work (clock-in).”
If an employee makes at least 1.5x minimum wage or more, they are only entitled to receive overtime for any hours above 40/week.
For example, if an employee clocks-in at 9 AM on Monday for an 8 hour shift and then again at 8 AM on Tuesday, the employee would be entitled to 1 hour of overtime since they’ve worked a total of 9 hours in a span of 24 hours.
US Territories
State/Province
Overtime Rule
Definition
Puerto Rico
Week 40 [Puerto Rico]
If 7 consecutive days are worked, 7th day is double time. Only counts if it's within the same work week. If the days span two work weeks then the rule doesn't apply.
Weekly OT = Anything over 40 hours a week results in standard time and half OT calculation.
Daily OT = calculated separately from weekly and added on top.
EG: Emp shift starts at 4pm on Wednesday and lasts until 12am (8 total hours). Their next scheduled shift has them come in from 1pm to 6pm on Thursday. Since 8 hours has already been reached on Weds, the employee gets OT pay for all work between 1pm and 4pm (when the 24 hour window closes). The last two hours of the shift on Thursday are not included in the OT pay because they are outside the 24 hour window.
Anytime an employee's total hours exceeds 8 hours in a 24 hour period, the special daily OT calc is applied.
This is determined by taking a time card, looking at the start time of that shift and then looking forward 24 hours from that start time and adding up the hours. So determining the 24 hour window, relies on the start time of the shift on the day in question.
Anytime the Flexible Schedule Agreement is present, this rule is ignored.
Canada
State/Province
Overtime Rule
Definition
Canada - Alberta
Week 44/Day 8 [AB]
44 hours/week (net)
8 hours/day (net)
For hours worked more than 44 hours/week or 8 hours/day, employee will be compensated 1.5 times pay rate
Canada - British Columbia
Week 40/Day 8 or 12 [BC]
40 hours/week (net)
8 hours/day (net)
12 hours/day (net)
For working more than 40 hours/week or >8 hours/day but <12 hours/day, employee should receive 1.5 times normal pay rate. For shift hours of 12+/day, employee should receive 2.0 times pay rate
For any time over the 40 hours/week or 8 hours/day, employee is paid at 1.5 times pay rate
Canada - Nova Scotia
Week 48 [NS]
48 hours/week (net)
For hours over 48 in a week, overtime is paid at 1.5 times pay rate
Canada - Ontario & New Brunswick
Week 44 [ON & NB]
44 hours/week (net)
For hours over 44 in a week, overtime rate is applied at 1.5 times normal pay rate
Canada - Newfoundland & Labrador and Quebec
Week 40 [Standard]
40 hours/week
Australia
State/Province
Overtime Rule
Definition
Australia - General 38
Week 38 [Aus]
38 hours/week (net)
8 hours/day (net)
For hours worked more than 38 in a week, OT rules based on day of the week are applied (1.5 times pay rate <2 hrs, 2 time pay rate >2 hrs for weekdays; 1.75 times base for <2hrs, 2 times base >2hrs on Saturday; 2 times base for all OT on Sunday)
United Kingdom
State/Province
Overtime Rule
Definition
United Kingdom - General 48
Week 48 [UK]
48 hours/week (net)
For hours over 48 in a week, there is no overtime applied; this is for notification purposes within the Scheduler
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