Sunday, January 12, 2020

New U.S. Rule Limits When Two Companies Share Liability for Labor-Law Violations - WSJ

A new Labor Department rule will make it more difficult for workers to claim to have two employers simultaneously in cases where they are challenging wages and overtime, easing regulatory burdens for large franchised brands and companies using staffing firms.

The Labor Department on Sunday published the final language of its anticipated joint-employment rule, which determines when two businesses could simultaneously be liable for complying with labor laws such as minimum wage and overtime rules.

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Publisher: WSJ
Date: 2020-01-12T23:44:00.000Z
Author: Eric Morath
Twitter: @WSJ
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In case you are keeping track:

Lawsuit: Erie Texas Roadhouse failed to pay required OT - News - GoErie.com - Erie, PA

A class-action lawsuit on behalf of Texas Roadhouse assistant managers across the country could be the next step.

The Texas Roadhouse location in Summit Township is at the center of what could become a federal class-action lawsuit over claims the chain failed to pay overtime to assistant managers.

The lead plaintiff in the case, filed in U.S. District Court in Erie on Tuesday, is Brittanee Tupitza, who worked as a service manager at the Erie County eatery from June 2016 until May 2017, according to the complaint.

Publisher: GoErie.com
Date: 7E15F9269E2CE66F2A488ABB04B5015E
Author: Madeleine O
Twitter: @GoErie
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Department of Labor issues final rule clarifying how to calculate the 'regular rate' for overtime

Last week, the US Department of Labor announced a final rule (the New Rule) that updates several regulations regarding what forms of payment employers can exclude in the “time and one-half” calculation for overtime pay. The New Rule clarifies that employers can exclude a range of employee perks and state-mandated payments in calculating overtime under federal law.

The Fair Labor Standards Act requires employers to pay nonexempt employees at least one and one-half times the employees’ “regular rate” for hours worked in excess of 40 per workweek. The FLSA defines the “regular rate” as “all remuneration for employment paid to, or on behalf of, the employee.” Decades ago, the DOL issued several regulations addressing how employers must calculate the regular rate under Part 778 of CFR title 29.

Publisher: JD Supra
Twitter: @jdsupra
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Side deal for extra overtime pay not allowed if not in agreement | Canadian HR Reporter

An Ontario union unsuccessfully tried to implement a side deal on overtime pay that wasn’t documented or enshrined in the existing collective agreement.

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While you're here, how about this:

Amid reforms and staffing dips, overtime for prison officers soars - The Boston Globe

Massachusetts has the lowest incarceration rate in the country, and its state prison population has dropped by 19 percent since 2015.

But hopes for increased cost savings have not been realized. Payroll for correctional officers has increased slightly over that span, as overtime costs have nearly tripled, a Globe review has found.

Last year, correctional officers received $44.68 million in overtime, up from $16.3 million in 2015. This year, overtime pay is on pace to rise again, having reached $40 million by early November.

Publisher: BostonGlobe.com
Twitter: @BostonGlobe
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Lakeville Selectmen approve police reorganization - Special - southcoasttoday.com - New Bedford,

LAKEVILLE — Selectmen have approved a reorganization of the command ranks of the police department, creating a new captain’s position to serve as second in command of the town’s police force.

The position would be salaried, paying $5,000 a year more than a lieutenant earns, the chief explained. By contract, salaried lieutenants are paid 15 percent more than the highest-earning patrolmen; sergeants earn about five percent more than the top-step patrolmen, he indicated.

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Publisher: southcoasttoday.com
Date: 7E15F9269E2CE66F2A488ABB04B5015E
Author: Robert BarbozaContributing Writer
Twitter: @southcoasttoday
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MBTA spends record-high $96.2 million on overtime in 2019 - The Boston Globe

The MBTA spent a record-high $96.2 million on overtime last year as the agency grappled with fallout from a train derailment that crippled its busiest subway line and forged ahead on long-term projects to try to bolster the public transit system.

The figure marked a 17 percent jump from the previous year , according to new data from the state comptroller's office.

It was the highest total the T has spent on overtime, eclipsing even the $80.9 million the public transit agency spent during 2015 when recordbreaking snowfall drove up its labor costs.

Publisher: BostonGlobe.com
Twitter: @BostonGlobe
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