Friday, March 27, 2020

Do Referral, Longevity Bonuses Affect Overtime Pay? It Depends

Paying workers a reward for their longevity or for referring a new hire to the company will sometimes mean companies also need to fork over more overtime pay, the Labor Department said in a series of opinion letters.

The DOL Wage and Hour Division issued three opinion letters Thursday, all clarifying the agency's interpretation of whether various forms of boosts to a worker's salary should be included in the "regular rate" of pay. That refers to the typical hourly rate, which is then multiplied by 1.5 to calculate the overtime premium paid to many workers for hours beyond 40 in...

Twitter: @BloombergLaw
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In case you are keeping track:

Texas Sheriff's Lieutenants Win Overtime Pay Appeal

An Austin-area sheriff's office must pay overtime to a group of lieutenants who convinced a jury they weren't exempt from the Fair Labor Standards Act, the Fifth Circuit ruled Thursday.

Sufficient evidence supports the jury's finding that the lieutenants' recommendations on hiring, firing, discipline, and promotions weren't afforded "particular weight," and that management wasn't their primary duty, the U.S. Court of Appeals for the Fifth Circuit said, affirming the judgment from the Western District of Texas.

Twitter: @BloombergLaw
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Amazon doubling overtime pay for warehouse workers | TheHill

Amazon said it will double the overtime pay for warehouse workers as the coronavirus pandemic has increased demand for online orders, the company announced Saturday.

Hourly workers in Amazon's U.S. warehouses who work over 40 hours will receive double, instead of 1.5-times, pay between March 15 and May 9, according to an announcement obtained by Reuters .

"When our turn for masks comes, our first priority will be getting them in the hands of our employees and partners working to get essential products to people," he said

Publisher: TheHill
Date: 2020-03-22T14:26:26-04:00
Author: Justine Coleman
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What Changes to the FLSA Exemption Salary Threshold Mean for Retailers

On Sept. 24, 2019, the U.S. Department of Labor (DOL) announced a final rule to revise Fair Labor Standards Act (FLSA) regulations (29 CFR 541 et seq.) to modify the criteria to be classified as exempt from the FLSA (“2019 Rules”). The most notable change in the 2019 Rules is an increase to the minimum salary an employee must be paid to be overtime exempt — from $455 per week ($23,660 per year) to $684 per week ($35,568 per year).

The second component of the 2019 Rules, the “Duties Test,” remains unchanged from existing regulations. The duties an employee performs remain a critical component of the criteria for FLSA exemptions. The Duties Test dictates that to be exempt from overtime pay, employees must perform their jobs such that their “primary duty” is exempt. An employee’s primary duty still must satisfy the criteria for an exemption to be classified as exempt from the FLSA.

Publisher: Total Retail
Date: Overtime pay
Author: Keith Jelinek Chester Hanvey and Elizabeth Arnold
Twitter: @MyTotalRetail
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Many things are taking place:

Columnist Albert Eisenberg On Mayor Kenney And Overtime Pay | 1210 WPHT
Publisher: 1210 WPHT
Date: 7867DA7F7CD737B913060D6C68AAC51E
Twitter: @1210WPHT
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Southwest Windows & Doors fined $600,000 for overtime violations | Woodworking Network
Publisher: Woodworking Network
Date: 2020-03-27T12:00:34-04:00
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Opinion Letters Tackle Bonus, Contribution Regular-Rate Status

Opinion Letter FLSA2020-3 discussed whether longevity payments are to excluded from the regular-rate determination.

Christmas payments made to a city's employees based on their length of service must be included in their regular-rate determinations to calculate overtime pay, the Labor Department said. Based on the facts presented, the longevity awards were required under a city resolution, even though the resolution did not specify their form or timing of the payment, it said.

Twitter: @tax
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Amazon warehouse employees grapple with coronavirus risks

As the coronavirus outbreak has worsened, many Americans have hunkered down in their homes and are turning to online marketplaces like Amazon to get essentials like toilet paper, food and hand sanitizer delivered to their door.

While physical stores run out of stock and cities are on lockdown, Amazon's warehouse workers, delivery drivers and contract employees have been praised for their fearlessness in continuing to go to work during a crisis. Amazon has called its employees "heroes fighting for their communities" and CEO Jeff Bezos said workers' efforts were "being noticed at the highest levels of government."

Publisher: CNBC
Date: 2020-03-26T16:00:16 0000
Author: https www facebook com CNBC
Twitter: @CNBC
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