Which States Have The Worst Overtime Laws?
When it comes to overtime laws, all states have to abide by the federal mandate. Each state has to at least provide overtime pay for hourly employees that work over 40 hours in a single workweek. There are a handful of other criteria in which an employee may or may not qualify for overtime pay, but in general the states are pretty similar in this regard. Unfortunately, not all businesses abide by these overtime laws, making it extremely difficult for their employees to earn the wages that they have worked for.
While most states have an overtime law in place that places 40 hours per week as the threshold, a few donâ€™t have specific state laws in which case the federal law takes precedent. However, a couple of states have specific state laws that actually increase the hourly threshold.
For residents in Kansas, the overtime law is a little different. Based on state law, the threshold for overtime pay is increased to 46 as opposed to the federal standard of 40. This means that Kansas employers have to pay one and a half time the employeeâ€™s regular rate, for hours worked in excess of 46.
The Minnesota Fair Labor Standards Act raises the hourly threshold to 48 hours. Employers are required to pay overtime for all hours worked that exceed 48 in the work week.
While these states have made it much more difficult for their employees to earn overtime, there is another workforce group that has been struggling for a long time. Home health workers, who are expected to provide care for long periods of time, were actually excluded from the federal minimum wage and overtime pay for the longest time. There were almost 1.8 million Americans who fell under this category.
Luckily, starting on January 1st, 2015, most home health care workers began to be entitled to be paid the federal minimum wage and overtime pay. However, there are still states that do not offer overtime pay to home health workers.
Again, Minnesota makes the list as a difficult state to be employed in. Just as with the rest of workers, a home health worker would need to exceed 48 hours in order to begin collecting overtime pay. In addition, if a home health worker is available to provide service through the night but doesnâ€™t actually need to, does not need to be compensated. So if a home health worker is in the home and available for work from 9pm to 7am but the patient is asleep the entire time, the hours do not need to be counted.
In the state of Michigan, home health workers are covered under the FLSA to earn overtime. However, there is an exemption for live-in workers. Additionally, there is an exemption for workers employed solely by a private household as opposed to a third-party home health provider. This is due to the exemption of an employer with fewer than two employees.
Another state with a tricky overtime law for home health workers is Montana. Similar to Michigan, home health workers employed by private households are not entitled to overtime pay.
Nevada has an overtime exemption for live-in home health workers, similar to many other states. However, home health workers may also be exempt if they are employed by a business venture that earns less that $250,000 in gross sales.
Another state with some challenging overtime laws for home health workers is New York. While all â€ścompanionsâ€ť working for a third-party agency are eligible for overtime, they earn a reduced rate which is 150% of minimum wage as opposed to the usual 150% of their regular pay.
Live-in home health workers also have a higher hourly threshold which is set at 44 hours per week.
Similar to many other states Pennsylvania has overtime pay for home health workers, unless they are employed by a private household.
Washington has an exemption for home health workers that are considered live-in employees and are not entitled to overtime pay.
Finally, Wisconsin also has some overtime exemptions that affect the overtime pay of home health workers. First, they are exempt if they are employed by private households. They are also exempt if they are employed by a non-profit organization.