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FREQUENTLY ASKED
QUESTIONS
Can I have temporary workers come in and wait around the
workplace until it gets busy, without paying during the waiting
time?
No! You are required to pay for all hours worked including waiting
time, call time, training time, driving time between work sites,
rest periods of less than 20 minutes and
any other time the Temp is restricted to the premises of the
employer.
What is the break-time allowed for
temporary workers?
The Minnesota law requires employers to provide restroom time
and sufficient time to eat a meal. If the break is less than 20
minutes in duration, it must be counted toward hours worked. Time to use
the nearest restroom must be provided within each
four consecutive
hours of work. Meal time applies to employees who work eight or more
consecutive hours (see Minnesota Statutes
177.253 and
177.254).
Do I have to pay overtime? When does it apply?
The
Minnesota Fair Labor Standards Act requires
all employers
to pay overtime for all hours worked in excess of 48
hours per work week.
The
Federal Fair Labor Standards Act requires
some
employers to pay overtime for all hours worked in excess of 40 hours per
work week. These employers include:
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Employers that produce or handle goods for interstate commerce;
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Businesses with gross annual sales of more than $500,000.
All
hours the employee is required to be on the premises,
whether working or not, are counted
for overtime purposes.
How
much does overtime cost?
Overtime must be paid at least
one-and-one-half times the employee's
regular rate of pay, which is determined by dividing the total pay
in any work week by the total hours worked in the week. Overtime is
based on actual hours worked in a seven-day work week. Holiday
hours, vacation time or sick leave are not counted in determining
overtime hours. For example, if a Temp works nine hours on Monday but
only six hours on Wednesday, and the total hours for the week do not
exceed 40 (Federal) or 48 (Minnesota.), then the Temp is not entitled to
overtime.
Can I make deductions from the temporary worker's
paycheck for
breakages or damages caused?
No! Employers
cannot make any deduction from an employee’s wages without
voluntary written authorization to do so, signed by the employee
after the particular debt or loss occurs. Even with permission, no
employer can make any deduction that would bring the employee’s
gross wages below the minimum wage (see
Minnesota Statutes 181.79 and
Minnesota Rules 5200.0090).
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