Top Ten Most Frequently Asked Questions

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Top Ten Most Frequently Asked Questions

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An employee who is terminated must be paid at the time of ... half times the regular pay rate) is required for working more than 40 hours per workweek. ... – PowerPoint PPT presentation

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Title: Top Ten Most Frequently Asked Questions

1
Top Ten Most Frequently Asked Questions

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Department of Labor and Industrial Relations
Wage Standards Division
August 27, 2009
Pamela Martin, Administrator

2
1.

ARE BREAKS REQUIRED BY LAW?
Meal breaks and rest breaks are not required by
law for any employee who is 16 y.o. and older.
The Child Labor Law requires 14 15 y.o. minors
to be given a 30-minute break after 5 continuous
hours of work.

3
2.

CAN AN EMPLOYEE WHO IS OUT ON A DOCTORS NOTE BE
LAID OFF OR TERMINATED?
Yes, as long as that employees employment is not
protected under the HFLL, FMLA, Civil Rights Law,
or is not out due to a work-related injury found
compensable under workers comp.

4
3.

CAN I FIRE AN EMPLOYEE WITHOUT GIVING A REASON OR
PRIOR NOTICE?
Yes. There is no labor law that requires
employers to give a reason for termination or
prior notice before termination of employment.

5
4.

HOW OFTEN MUST EMPLOYEES BE PAID?
At least twice per month, and within 7 days after
the end of each pay period.

6
5.

WHEN DO I PAY AN EMPLOYEE WHO QUITS OR IS FIRED?
An employee who quits shall be paid on the next
regular pay day.
An employee who is terminated must be paid at the
time of termination, or if thats not possible,
then no later than the employers next business
day.

7
6.

IF AN EMPLOYEE IS FIRED, IS THE EMPLOYER REQUIRED
TO PAY OUT ANY ACCRUED, UNUSED VACATION?
Vacation benefits are determined by the
employers written policy.

8
7.

MY PAYSTUB SHOWS THAT IM BEING PAID FOR 88.0
STRAIGHT TIME HOURS. ISNT ANYTHING OVER 80
HOURS OVERTIME?
Overtime is any hours worked over 40 per
workweek. A workweek is defined as seven
consecutive days that remain constant from week
to week. Employers determine what their workweek
is (i.e. Sun-Sat). The determination for
overtime is not based on pay periods or paydays.

9
8.

IS OVERTIME PAY REQUIRED FOR WORKING MORE THAN 8
HOURS PER DAY?
No, generally, overtime pay (at one and one-half
times the regular pay rate) is required for
working more than 40 hours per workweek.
The exception would be if the employee is a
laborer or mechanic on a public construction
project subject to Chapter 104, HRS, which
requires overtime pay for any hours worked over 8
per day.

10
9.

IN LIEU OF OVERTIME PAY, CAN I GIVE MY EMPLOYEES
COMP TIME?
Comp time is recognized for salaried employees
only, as long as the comp time-off is taken in
the same pay period in which it is earned. Comp
time is not allowed for hourly paid employees
hourly paid employees must be paid for any
overtime hours worked.

11
10.
ARE EMPLOYEES REQUIRED TO BE PAID OVERTIME FOR
WORKING ON STATE HOLIDAYS? No, generally,
holidays are like any other day. Any additional
pay for work performed on a holiday or payment
for a day off on a holiday is at the discretion
of the employers policy. The exception would be
if the employee is a laborer or mechanic on a
public construction project subject to Chapter
104, HRS, which requires overtime pay for any
hours worked on a STATE holiday.
12
Publications, Laws Rules(Websites)