# Emplaw Wage Hour QA > Answer a specific wage-and-hour question on overtime, minimum wage, meal and rest breaks, off-the-clock work, or tips. - Skill: `matrixx0070/emplaw-wage-hour-qa` (Agent Skill) - Install (CLI): `npx skillmds@latest add matrixx0070/emplaw-wage-hour-qa` - Raw SKILL.md: https://api.skillmd.com/api/skills/matrixx0070/emplaw-wage-hour-qa/raw - Safety review: pending (external: skill-scanner PASS, skillspector PASS) - Works with: Claude Code, Claude.ai, OpenAI Codex - Category: Integrations & APIs - Author: Matrixx0070 (https://skillmd.com/u/matrixx0070) - Updated: 2026-09-08 - Page: https://skillmd.com/skills/matrixx0070/emplaw-wage-hour-qa --- ## When to use Use this when someone has a concrete wage-and-hour question — is this overtime owed, is this the right minimum wage, are breaks required, is this off-the-clock time compensable, how do tips work — and needs an accurate, jurisdiction-aware answer. This skill applies the FLSA plus state overlays. **Not for:** deciding if the worker is exempt or a contractor in the first place (use emplaw-worker-classification), reviewing a hire or offer (use emplaw-hiring-review), reviewing a firing or final-pay dispute at separation (use emplaw-termination-review), investigating a complaint (use emplaw-internal-investigation), leave questions (use emplaw-leave-tracker), or writing pay policy (use emplaw-policy-drafting). ## Method 1. Restate the question and confirm the operating state and the worker's status. Decision point: if exempt/non-exempt is unknown, resolve that first via emplaw-worker-classification — exempt employees are not owed FLSA overtime. 2. Identify the topic: overtime, minimum wage, breaks, off-the-clock, or tips. 3. Apply the federal floor. Decision point: for overtime, compute 1.5x the regular rate for hours over 40 in the workweek; the regular rate must include nondiscretionary bonuses. 4. Layer the state/local rule. Decision point: if the state sets a higher minimum wage or daily overtime (e.g., California), the more protective rule governs. 5. For breaks, check state law — the FLSA does not mandate meal/rest breaks. Decision point: if in a break state (e.g., California), apply the meal and rest thresholds. 6. For off-the-clock, ask whether the employer knew or should have known the work occurred; if so, it is compensable. 7. Show the calculation and cite the governing rule. 8. Apply the attorney-escalation gate: back-pay exposure and close calls — confirm with licensed counsel in the operating state; this is not legal advice. ## Example A non-exempt California employee works 10 hours Monday and 45 hours that week, and earned a $200 production bonus. You compute daily overtime for the 2 hours over 8 on Monday, weekly overtime for hours over 40, fold the nondiscretionary bonus into the regular rate before the 1.5x multiplier, and confirm she was owed a meal break by the 5th hour and a paid 10-minute rest break per 4 hours worked. ## Pitfalls - **Using base pay as the regular rate.** Nondiscretionary bonuses, shift differentials, and commissions must be included before applying the 1.5x multiplier. - **Assuming federal breaks exist.** The FLSA requires no meal or rest breaks; break rights are state-created (California is strict). - **Averaging hours across two weeks.** Overtime is computed per workweek, not per pay period. - **Ignoring off-the-clock knowledge.** Pre-shift setup, post-shift cleanup, and answering messages count if the employer knew or should have known. ## Output format ``` WAGE-HOUR Q&A — @ QUESTION: STATUS: TOPIC: FEDERAL RULE: STATE OVERLAY: CALCULATION: ANSWER: ATTORNEY GATE: Confirm with licensed counsel in ; not legal advice. ``` ## Reference General reference only, not tailored legal advice. - **Overtime (FLSA)**: non-exempt employees earn **1.5x the regular rate** for hours worked over **40 in a workweek**. The **regular rate** must include nondiscretionary bonuses, commissions, and shift differentials — not just base hourly pay. - **Minimum wage**: federal is **$7.25/hour**; many state and local minimums are higher, and the more protective rate applies. - **California overlays**: **daily overtime** at 1.5x for hours over **8 in a day** and **double time** for hours over **12**; a **meal break** by the end of the **5th hour** of work and a paid **10-minute rest break** per **4 hours** (or major fraction) worked. - **Breaks generally**: the FLSA does not require meal or rest breaks; short rest breaks that are provided are typically paid. Break entitlements are set by state law. - **Off-the-clock**: time is compensable if the employer knew or had reason to know the work was performed, even outside scheduled hours. - **Tips**: tip credits, tip pooling, and required cash-wage minimums are governed by the FLSA and stricter state rules. Figures and state rules change — direct to current DOL and state labor-agency figures.