Wednesday, January 22, 2020

Even if you make more than minimum wage, this updated Colorado rule could affect you – The

Ever since the state's Labor Department decided to modernize how most Colorado workers should be paid, the public debate was voluminous and lengthy.

After countless hours of community meetings and public hearings plus more than 1,300 public comments collected since March, the rules are now final . The state Department of Labor and Employment adopted the final standard on Wednesday and it goes into effect March 16, with some of the updates, such as minimum pay for salaried workers, taking effect later than originally proposed.

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Publisher: The Colorado Sun
Twitter: @coloradosun
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In case you are keeping track:

Overtime rule may affect Arizona workers | Your Valley

As many as 20,000 Arizona workers could be guaranteed overtime pay when they do overtime work under a Labor Department rule that took effect Jan. 1, the first change to the rule since 2004.

But critics say the change does not go far enough to protect workers, noting that it would affect only a fraction of those who would have been covered by an Obama administration change that was blocked in court.

She said the new rule is “right in the range of what the U.S. Chamber of Commerce asked for.”

Publisher: Your Valley
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MTA exceeded its budget on overtime by 26%, despite vowing controls | Newsday

The largest driver of overtime in 2019 was "programmatic/routine maintenance," which cost the authority $349 million last year, 47% over budget, the MTA said. Credit: Todd Maisel

The MTA busted its overtime budget by 26% last year, despite vowing to address its rocketing costs for extra pay, new figures show.

According to figures released this week by its finance committee, the Metropolitan Transportation Authority spent $1.26 billion in OT in 2019. That amount was about 9% less than overtime paid in 2018, but $261 million over what the agency had budgeted.

Publisher: Newsday
Date: AC41EB10D1EC6B5358F0ECA0E861CCAA
Author: Alfonso A Castillo
Twitter: @Newsday
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Case: Wage & Hour/Overtime Exemption (S.D. Ill.)

A former nurse practitioner for a medical services company in Illinois may not proceed with her claim that the company failed to properly compensate her for overtime, as required by the Fair Labor Standards Act. She was an exempt employee and wasn't subject to the Act's requirements because she was compensated "per patient encounter" on a fee basis, and her responsibilities, such as assessing and treating patients, required advanced knowledge and training in a specialized field.

Twitter: @BloombergLaw
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And here's another article:

Baltimore DOT Employee Suspended After Filing False Overtime Claim During Sinkhole Repair Near

BALTIMORE (WJZ) — A Baltimore Department of Transportation employee was suspended for 28 days without pay after they filed a false overtime claim last summer.

The city’s Office of the Inspector General received a tip on their hotline about a DOT employee that was paid for overtime that was not worked.

OIG learned that the employee was paid for an hour of overtime each day over an eight-day period between July 15 and July 24. This was during the two-week period when a large sinkhole opened up near Camden Yards.

Date: 2020-01-22T15:00:36 00:00
Author: http www facebook com CBSBaltimore
Twitter: @/wjz
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Representatives, businesses grapple with AB 5, an independent contractor law | TheUnion.com

A fitness member gets a workout at The Pilates Place of Grass Valley. Pilates Place owner Roxanna Cohen at first was against AB 5, but recently she's come around to embrace the law.
Submitted photo

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On Sept. 18, Gov. Gavin Newsom signed Assembly Bill 5, effectively changing what it means to be an independent contractor in California.

For many, AB 5 gives workers, who previously had no access to it, labor protections and benefits like unemployment insurance, health care subsidies, paid parental leave, overtime pay and a $12 minimum wage. Notably, the law has a number of exemptions for workers like physicians , surgeons, dentists, insurance brokers, accountants, architects and others.

Author: Sam Corey
Twitter: @TheUnion
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Independent Contractors Redux: Fifth Circuit Returns to Oil Patch to Address Independent

The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield service providers within the strictures of the federal Fair Labor Standards Act (FLSA). Oilfield service providers have frequently recruited specialized individuals to perform services on their projects, classifying them as independent contractors for compensation purposes.

In early 2018, the United States Court of Appeals for the Fifth Circuit issued its decision in  Parrish v. Premier Directional Drilling, L.P. , which  upheld independent contractor status of individual drilling consultants and thus rejected their eligibility for overtime pay .

Publisher: JD Supra
Twitter: @jdsupra
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Final Rule on Regular Rate of Pay Overtime Issued

The Fair Labor Standards Act (FLSA) requires that non-exempt employees – employees who are eligible for overtime pay – be paid at least one-and-one half times their regular rate of pay for all hours worked over 40 in a workweek. The FLSA defines the regular rate as "all remuneration for employment paid to, or on behalf of, the employee" subject to certain exclusions outlined in section 7(e) of the FLSA.

The new rule clarifies that employers may exclude the following benefits when calculating an employee's regular rate of pay:

Publisher: The National Law Review
Date: 5493B547C0AB527FF4CF8C4D0127302A
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