Employees paid per day aren't on salary, and therefore aren't exempt from overtime, the Fifth Circuit ruled Monday, overturning summary judgment in favor of an offshore oil production company.
Michael Hewitt managed workers on an offshore oil rig for Helix Solutions Group, spending around a month at a time on the rig. Hewitt was paid a set amount for each day worked, and received paychecks biweekly. Hewitt worked more than 40 hours a week, but wasn't compensated for overtime, his suit said.
Many things are taking place:
Ogdensburg's mayor wants to cut police OT, merge departments
OGDENSBURG, N.Y. (WWNY) - Ogdensburg's mayor wants to cut police overtime and combine 2 departments as the city grapples with the economic fallout of COVID-19.
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Skelly said because most recreation department functions have already been halted, including closing the municipal pool this summer, the department's biggest workload will be grass mowing.
"I think by folding the recreation department into the DPW, we can save money by having a smaller staff and management reduction," said Skelly.
FLSA Common Pitfalls; Employers Beware | Roetzel & Andress - JDSupra
There has undoubtedly been an uptick in Fair Labor Standards Act (FLSA) wage-and-hour class and collective actions. Given the increase in FLSA related actions, the complexity related to the below-referenced issues, and the steep penalties for violations, now may be the time for a wage-and-hour audit to proactively address any possible issues and discuss best practices. The following list provides the most common pitfalls for consideration:
1. Travel Time, Time Spent On-Call, Work Provided Cell Phones, Walk Time, Boot-up Time, Donning and Doffing
Time spent “off the clock” continues to be a leading issue in wage-and-hour matters. These matters must be reviewed on a case-by-case, industry-by-industry basis.
Example Violation: Non-exempt employees answer e-mails after hours at the direction of or with the implicit approval of their supervisor.
2.
Most employers won't offer 'hazard' pay to on-site employees working through pandemic
Organizations that haven't closed due to the pandemic vary in their approaches to compensation and leave. Layoff and furloughs have resulted in record unemployment levels as U.S. companies struggle to meet payroll requirements, The New York Times reported last week.
On the other hand, some larger employers have opted to increase benefits. Microsoft confirmed to HR Dive April 14 that it would offer up to 12 weeks of paid leave to employees dealing with school closures caused by the pandemic. Similarly, Verizon previously told HR Dive that it launched a caregiver benefit . Citigroup said earlier this month that it would continue to pay summer interns whose start dates it had delayed due to the pandemic.
Other things to check out:
In a Pandemic, Farmworkers Deserve a Raise, Not a Pay Cut | EWG
Under current law , employers must pay the higher of either the applicable state or federal minimum wage; the prevailing wage in that region and occupation, as determined by the Department of Labor; or the regional average farm wage found in a survey conducted by the Department of Agriculture.
Depending on the state, changes to this calculation could reduce hourly wages anywhere from $2 to $5 an hour. For example, the minimum wage for migrant workers in North Carolina would fall by nearly $4, according to Farmworker Justice .
Parma Heights' attempt to unify pay periods leads to employee confusion - cleveland.com
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PARMA HEIGHTS, Ohio -- An attempt to unify pay periods across all city departments led to allegations late last week that the municipality was docking pay.
"We've been trying to unify our pay periods for all of the departments for many years," Parma Heights Finance Director Katie Iaconis said. "Both our attorney and safety director said it's management's right, and it's a business decision to have everyone on the same pay period.
The pay period change has been on the city's radar for a while. Not only will it help with the efficiency of the finance department, but Iaconis said the police and fire pension reporting entities requested the change more than a year ago.
Good Counsel: Employee or Contractor?: Associations Now
New legislation enacted in California last year could have far-reaching impact on associations nationwide. California Assembly Bill 5 (A.B. 5), which went into effect on January 1, 2020, sets forth a three-part test for determining if a worker is an employee or an independent contractor.
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3. The worker has an independent business to do work of the same nature being performed for the employer.
If any of these three conditions is not met, then the worker must be classified as an employee (with the exception of a limited number of jobs and industries exempted under the law).
Job openings for the week of April 20, 2020
Front Desk Administrator - ResortCom
Job order: 505778
One-year of experience in a customer service setting required.
High School Diploma or equivalent is required.
Two years working with a Human Resources Department is preferred.
Ability to type a minimum of 30 wpm with 90% accuracy.
Ability to work under pressure.
Wage: $13 to $15 per hour.
Seafood Processors – Copper River
Job order: 504153
Must be at least 18 years of age, with right-to-work documents.
Must be able to repetitively lift heavy objects up to 55lbs at a time.
Must be able to work in wet and cold working conditions.
Employer provides Raingear and boots.
Company looking for hard working men and women to process seafood in Alaska. Work will begin in July.
Housing, meals and laundry service are available in all plants at the rate of $15.00 per day.
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