NEW HIRE ONBOARDING FORM
Please complete and submit form to Outstaffing.
For questions or help, call 888-688-7823
Here is some helpful quick links to assist you with this form:
What is
work status
(exempt vs non-exempt)?
How do I know the
staffing type
of my employee?
How do I know if my employee is eligible for
overtime
pay?
Vacation, Sick Leave, and PTO
: Is my employee eligible?
An exempt employee is not eligible to receive overtime pay, and is excluded from minimum wage requirements. One of the main differences between exempt employees and non-exempt employees is that exempt employees receive a salary for the work they perform, while non-exempt employees earn an hourly wage.
Non-exempt employees are guaranteed an hourly wage and overtime pay under the FLSA. They must earn at least the federal or state minimum wage for every hour worked, and overtime pay for any amount of time exceeding 40 hours. Any job that earns a minimum wage, is eligible for overtime pay and does not meet the requirements of exempt employees is considered non-exempt.
For more details, click here.
1099 and W2s are the different staffing types, with different tax forms used to deduct payroll taxes. 1099 employees are self-employed independent contractors. They receive pay in accord with the terms of their contract and get a 1099 form to report income on their tax return. A W2 employee receives a regular wage and employee benefits. The employer withholds income taxes from the employee’s paycheck and has a significant degree of control over the employee’s work. For more detailed information, click here.
Under the FLSA, “overtime” means “time actually worked beyond a prescribed threshold.” The normal FLSA “work period” is the “work week” — 7 consecutive days — and the normal FLSA overtime threshold is 40 hours per work week.
Time actually worked over 40 hours in a work week is “FLSA overtime.” Note that some jobs may use the word “overtime” differently, as for example to describe “time worked outside of the employee’s normal schedule” or “time worked over 8 hours in a day.” An employer may pay employees on any basis it wishes, provided only that actual pay does not fall below the minimum standards required by the FLSA. It is, therefore, permissible for an employer to use the word “overtime” to mean something different from the definition of “overtime” in the FLSA. That, however, does not change the meaning of the word overtime for FLSA purposes.
Depending on your company, you may offer vacation time, and/or paid sick leave. Instead of having separate policies for vacation, sick, and other types of leave, many employers offer a single PTO policy under which employees can use accrued time off for any purpose. For example, you may offer 14 days of PTO per year that employees can use for any reason. Under this policy, one employee could use 10 days for a vacation, another three days when they get sick later in the year, and the remaining time off to care for their child, whose school was closed due to a snowstorm. Other employees may use the time differently to meet their specific needs and circumstances.
The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays. These benefits are matters of agreement between an employer and an employee (or the employee’s representative). If you are uncertain, check your employee handbook. Don’t have a handbook? Contact Outstaffing for information on how to develop one!