Whats the FLSA?
In situations where the Temporary Personnel are “Computer Related Professionals” as defined by the Fair Labor Standards Act (“FLSA”), we can pay an hourly wage of not less than $27.63/hour (currently $37.94, adjusted yearly, for California) without having to pay time and a half for overtime hours (hours worked in excess of 40 per week or hours worked in excess of eight per day in California). Otherwise, the only way we can avoid paying and billing for overtime hours worked by Temporary Personnel is when the Temporary Personnel fit the Department of Labor’s definition of an exempt class (as determined by the FLSA) and we pay them on a salary basis. By definition, “salary” means a guaranteed rate of pay regardless of the total number of hours worked. Therefore, this “weekly” option would require us to invoice the client on a weekly “flat rate” basis for the same amount each week regardless of how few or many hours the Temporary Personnel work. Note: This holds true even when the Temporar
