For more information, contact a Vermont overtime laws & wages attorney or visit our comprehensive state labor laws guide.
An employer must pay an employee at least 1-½ times the employee’s regular wage rate for all hours worked over 40 on a workweek.
Employees of the following are exempt from the Vermont overtime requirements: retail or service establishments; hotels, motels or restaurants; the state and political subdivisions of the state; certain amusement or recreational establishments; and certain employees engaged in transportation if also exempt from the F.L.S.A. However, these employees may still be entitled to overtime under federal law.
The “ABC Test” is used to determine the nature of the relationship between an employer and a worker, and the three parts ALL MUST BE MET for an individual to NOT be an employee who is entitled to overtime pay and other benefits.
A. The worker has been and will continue to be free from control or direction over the performance of services, both under his/her contract of service and in fact.
B. The service provided is either outside the usual course of the business for which such service is performed or such service is performed outside of all the places of business of the enterprise for which such service is performed.
C. The worker is customarily engaged in an independently established trade, occupation, profession or business.
The Vermont Supreme Court has made it clear that direction and control will exist where the employer has the “right” to provide direction and control, regardless of whether such direction and control is actually exercised.
Vermont does not require an employer provide its employees with paid or unpaid holidays, sick leave (except under the Parental, Family Leave Act), vacation pay, or severance pay.
Employers are required by Vermont state law to provide their employees with “reasonable opportunity” to eat and use the bathroom. Under federal law, lunch periods can be unpaid only if they are least thirty minutes and the employee is completely uninterrupted and free from work.
If Vermont employers provide written notice to their employees, they may adopt a bi-weekly or semi-monthly pay period. Otherwise, they must pay their employees weekly. Paydays must be within 6 days of the end of the pay period.
If an employee is discharged, the employee must be paid within 72 hours of the discharge. If an employee quits, s/he must be paid on the last regular payday or the following Friday if there is no regular payday.
Vermont law requires that employers provide their employees with a wage statement which must at least include the total hours worked, the hourly rate, gross pay and itemized deductions.
Employers may make the following deductions from employees’ wages:
Employers may not make the following deductions:
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