Thursday, April 30, 2020

Case: Wage & Hour/Overtime (5th Cir.)

Sufficient evidence supports a district court's finding that Maverick County in West Texas willfully violated the Fair Labor Standards Act by its pay practices, the Fifth Circuit ruled, upholding the trial court's determination that the county must pay almost $570,000 in back wages to more than 30 sheriff's deputies and nearly $200,000 in attorneys' fees.

Date: Case: Wage amp Hour/Overtime 5th Cir.
Twitter: @BloombergLaw
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Other things to check out:

County reluctantly agrees to pay $1.5M in overtime - Florida Keys Weekly Newspapers

County Administrator Roman Gastesi told The Weekly on April 28, "No one has gotten paid that money, and they're not going to get paid that money." He was referring to a spreadsheet provided to The Weekly by Clerk of the Court Kevin Madok that outlined employees' hours and amounts that total $1.5 million.

* * *

During the April 30 special meeting, County Attorney Bob Shillinger warned the commission that Cates' resolution could lead to costly legal ramifications.

Publisher: Florida Keys Weekly Newspapers
Date: 2020-04-30T20:35:25 00:00
Author: https keysweekly com 42 author mandykeysweekly com
Twitter: @keysweekly
Reference: (Read more) Visit Source



County weighs more Fire & Rescue hires to cut high use of overtime

In the next month, the Montgomery County Council will decide whether to fund 20 more firefighter positions
in its proposed Fiscal Year 2021 budget. The impending decision follows an inspector general report released last month that found significant cost overruns and staffing shortages in the department.

County Executive Marc Elrich's proposed $5.9 billion budget calls for $229.5 million toward Fire & Rescue and an additional 21 full-time-equivalent positions. These include 20 firefighters and one investigator for internal affairs.

Publisher: Bethesda Magazine
Date: 2020-04-30T15:01:12 00:00
Twitter: @Bethesda_Mag
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COVID-19 overtime requests could break county budget - Florida Keys Weekly Newspapers

Editor's note: This story has been updated to clarify the initial paid leave for furloughed workers.

During that paid leave for 61 furloughed workers, the remaining county employees were still working full time, with more than 400 of them accruing a total of $1.5 million in emergency response overtime pay.

Cates will introduce a resolution at the BOCC meeting Thursday, April 30, that would rescind the authorization for emergency response overtime pay and would effectively eliminate the bulk of that $1.5 million overtime total, representing 28,822 hours of work.

Publisher: Florida Keys Weekly Newspapers
Date: 2020-04-29T14:10:42 00:00
Author: https keysweekly com 42 author mandykeysweekly com
Twitter: @keysweekly
Reference: (Read more) Visit Source



And here's another article:

'Technical glitch' delays Gauteng health workers' overtime pay, says health MEC | News24

Due to a "technical glitch", Gauteng health department staff will not receive their commuted overtime pay on time, Health MEC Bandile Masuku said on Tuesday.

Speaking at a briefing with Health Minister Zweli Mkhize, and MECs from all provinces, Masuku said his team was trying to resolve the issue.

"The treasury department and our department's HR (human resources) are working 24 hours to make sure that glitch is resolved.

"We do value very much the role that our healthcare workers are playing in carrying the health system," Masuku said.

Publisher: News24
Date: 2020/04/29 10:46:23
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Missouri Supreme Court hears case on prison overtime pay - News - The Mexico Ledger - Mexico, MO

The state attorney general’s office urged the Missouri Supreme Court on Wednesday to overturn a $113 million award to corrections officers who claim they are due pay for the time it takes to begin and end each shift.

Chief Justice George Draper alone was present in the Jefferson City courtroom. With others participating via teleconference due to COVID-19 concerns, the judges heard Assistant Attorney General John Sauer argue that the time spent on pre- and post-shift activities is minimal.

Publisher: The Mexico Ledger - Mexico, MO
Date: 7E15F9269E2CE66F2A488ABB04B5015E
Author: Pat Pratt
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Fifth Circuit Holds Day Rates Do Not Satisfy the Salary Basis Test | Holland & Knight LLP -

In a significant and adverse ruling for employers, especially in the oil and gas industry, the U.S. Court of Appeals for the Fifth Circuit on April 20, 2020, held that a "day rate" does not satisfy the salary basis test for overtime exemptions – at least not without a guaranteed minimum that bears a reasonable relationship to total weekly wages. See Hewitt v. Helix Energy Solutions Group, Inc. , No. 19-20023 (5th Cir.).

The historically common practice of paying workers in the oil and gas services industry a "day rate" for each day worked has been the subject of significant overtime litigation across the country for several years now. This is because the most common exemptions to overtime under the Fair Labor Standards Act (FLSA) require that the employee be paid on a "salary basis" of at least a certain minimum amount. And, the argument goes, a "day rate" is simply not a "salary."

Publisher: JD Supra
Twitter: @jdsupra
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Overtime jumps 13% for Ohio prison workers as coronavirus hits staff, inmates - cleveland.com

CLEVELAND, Ohio – Phillip Morovia has earned more than $55,000 this year as a nurse caring for Ohio's prison population.

More than a third of that income has come from overtime pay while working at the Franklin Medical Center in Columbus – the prison system's healthcare facility, records show.

For Morovia and hundreds of other state prison employees, overtime has become increasingly common because of the novel coronavirus. Extra pay has jumped 13% over the same period last year, as the large-scale outbreak has forced prison staff to work longer, more taxing shifts.

Publisher: cleveland
Date: 2020-04-29T09:00:58.084Z
Author: jcaniglia
Twitter: @clevelanddotcom
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