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Home > FMS Policies and Procedures MN > Issuing Payments to Workers & Vendors > Pay Workers in Accordance with Overtime, Wage, Hour and Pay Day Rules

Pay Workers in Accordance with Overtime, Wage, Hour and Pay Day Rules

Policy: 

Consumers' employees must be paid in accordance with applicable state and federal overtime and wage and hour rules and regulations and in accordance with state pay day rules.

Consumers' employees must be paid the prevailing minimum wage per hour, whether that be the state or federal minimum wage*.  Consumers' employees also must be paid at least an hourly rate of time and a half the workers's regular hourly rate of pay for any hours worked over 40*.

Consumers' employees also must be paid per state pay day rule.  A pay day rule states within how many days an workers who submits a satisfactory timesheet must be paid by his/her workers.  Consumers' employees are paid within applicable state pay day rules.

 

*This policy does not apply if the workers is working as a "companion" for the participant.  "Companions" may qualify to be exempted from Federal minimum wage and overtime rules per the Fair Labor Standards Act's Companionship Exemption. The companionship exemption may not be taken if a FLSA joint third party employer relationship exists--i.e., the state and/or the F/EA is considered a joint employer by the US Department of Labor.

Procedure: 

<<Insert information on how the F/EA complies with this policy.>>

Internal Controls: 

<<Insert internal controls.  Some suggested internal controls are listed below.>>

  1. F/EA's payroll system automatically calculates when a workers submits a timesheet with more than 40 hours per week on it.  The payroll system automatically flags the timesheet as eligible for overtime.
  2. F/EA's payroll system includes a system control that prevents any hourly pay rate to be paid if the rate is less than <<$X>>, the minimum wage.
  3. <<Staff Title>> reviews all unpaid timesheets on a weekly basis to ensure that all timesheets are paid per the state pay day rule, which requires employees to be paid within <<X>> days of submitting a satisfactory timesheet.