Legal Definition of Weekly Wage
Tips are people who work in occupations where they usually and regularly receive more than $30 per month in tips. The employer may consider tips as part of the wages, but must pay at least $2.13 per hour in direct wages. If, under the employment contract, a wage sufficient to meet the minimum wage requirement for each working week is paid as direct working time for the number of hours worked in a working week, the normal rate is obtained by dividing the wage by the number of hours worked per week. Suppose an employee`s hours of work vary each week and the agreement with the employer states that the employee receives $480 per week for the required number of hours worked. Under this agreement, the regular rate varies in additional weeks. If the employee works 50 hours, the regular rate is $9.60 ($480 divided by 50 hours). In addition to the salary, half of the regular rate, $4.80, is due for each of the 10 hours of overtime, for a total of $528 for the week. If the employee works 60 hours, the regular rate is $8.00 ($480 divided by 60 hours). In this case, an additional amount of $4.00 is due for each of the 20 hours of overtime, for a total of $560 for the week. A minimum wage of at least $4.25 per hour is paid to workers under the age of 20 during their first 90 consecutive calendar days with an employer. Employers are prohibited from taking steps to crowd out workers in order to hire minimum wage workers for youth.
Partial evictions such as reductions in employees` working hours, wages or benefits are also prohibited. The average daily wage (EDA) is calculated on the basis of daily earnings. A loss of wages can be calculated from this figure in the event that AWW less accurately represents the income of the injured employee. The regular rate may in no case be lower than the minimum wage required by the FLSA. Although the RSA sets basic standards for minimum wages and overtime pay and regulates the employment of minors, there are a number of employment practices that it does not regulate. Average weekly earnings (AWW) is, as you might expect, a calculation of the average weekly earnings of an injured employee. Insurance companies, personal injury lawyers and judges sometimes use this number to determine the amount of lost wages to which the employee may be entitled if he or she is disabled. The FLSA allows the Ministry of Labour (“Ministry”) or an employee to recover wages and an equal amount of lump sum damages for violations of minimum wage and overtime. In general, there is a 2-year limitation period for claiming unpaid wages and liquidated damages. In the event of an intentional violation, a limitation period of 3 years applies. Some workers are exempt from overtime pay provisions or minimum wage and overtime pay provisions.
Work week – A work week is a period of 168 hours divided into 7 consecutive 24-hour periods. It can start on any day of the week and at any time of the day determined by the employer. In general, for minimum wage and overtime pay purposes, each work week stands out; There can be an average of 2 weeks of work or more. Employee coverage, compliance with wage payment requirements, and the application of most exceptions are determined on a workweek basis. The FLSA provides for the employment of certain persons at wage rates below the legal minimum. These include student learners (professional students) as well as full-time students in retail or service establishments, agriculture or universities. It also includes persons whose ability to work or produce is impaired by a physical or mental disability, including an age-related disability or injury, in order to perform the work to be performed. Employment below the minimum wage is permitted to avoid a restriction of employment opportunities. Such use is only permitted on the basis of certificates issued by WHD. If wages are not paid each week, the weekly wage must be determined in order to calculate the standard rate and overtime pay. If the salary is half a month, it must be multiplied by 24 and the product divided by 52 weeks to obtain the weekly equivalent. A monthly salary must be multiplied by 12 and the product divided by 52.
The employer who chooses to use the tip plan must inform the employee in advance and be able to prove that the employee will receive at least the applicable minimum wage (see above) if the direct wage and tip allowance are combined. If an employee`s tips, combined with the employer`s direct wage of at least $2.13 per hour, do not match the minimum hourly wage, the employer must make up the difference. In addition, employees must keep all tips unless they are participating in a valid tip pooling or sharing agreement. The FLSA does not provide for procedures for the payment or collection of wages for an employee`s usual or promised wages or commissions beyond those required by the FLSA. However, some states have laws under which such claims (sometimes including benefits) can be filed. Employees of enterprises not covered by the FLSA may continue to be subject to minimum wages, overtime pay, child labor records, and provisions if they are individually engaged in interstate commerce or the production of goods for interstate commerce, or in a closely related process or profession directly essential to such production. These employees include those who: work in communications or transportation; regularly use post offices, telephones or telegraphs for intergovernmental communications or maintain records of intergovernmental transactions; handle, ship or receive goods in international trade; regularly cross national borders in the context of employment; or work for independent employers who perform clerical, guard, maintenance or other work for enterprises engaged in interstate commerce or in the production of goods for interstate commerce.
