While it may seem counter-productive to penalize an employee for working overtime, that may need to be done to avoid unanticipated overtime costs in the future
Although it might seem as though the only thing we discuss these days is COVID-19 and all of the implications of that virus, we were recently reminded that "ordinary” employment law issues still exist when the Ontario Superior Court of Justice rendered a decision on an overtime class action that started way back in 2007.
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County is still paying Irma-related overtime during COVID crisis - Florida Keys Weekly Newspapers
In fact, the county has paid multiple employees some amount of Irma-related overtime in every pay period since September 2017.
As recently as January 2020, the county paid 16 employees a total of $16,598 for Irma-related emergency work in one pay period. And in early March, just a week before the pandemic brought the Florida Keys' economy to a halt, eight county workers were paid a total of $6,379 in Irma-related emergency pay, according to payroll documents.
The emergency response pay rate is equal to an employee's usual hourly pay, plus time and a half, which amounts to "double time and a half," as County Commissioner Craig Cates has repeatedly reminded the community and his fellow commissioners.
COVID-19 Employer Roadmap: Wage & Hour Pitfalls
In Part Eight of our Roadmap Series, we take a closer look at wage and hour compliance concerns that may arise during the COVID-19 pandemic, and what employers can do to minimize these pitfalls.
Remember that wage and hour concerns, and how to properly address them, will often depend on whether a company is dealing with exempt employees (i.e., employees not entitled to overtime pay regardless of the number of hours worked in a day or week) or non-exempt employees (i.e., employees entitled to overtime pay if the employee works more than eight hours a day or forty hours in a week, depending on the state).
Fluctuating Overtime Rule Shields Employers From Litigation (1)
The Labor Department has finalized a regulation to give employers more flexibility and legal clarity by allowing them to incorporate bonuses when using an alternate method to calculate overtime pay for workers with irregular schedules.
The rule updates "fluctuating workweek" overtime calculations, an option available for employers under the Fair Labor Standards Act. The method allows businesses to pay certain workers whose hours vary widely each week at half their regular rate, instead of at one-and-a-half times, for any hours worked over 40 each week.
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DOL Issues New Rule Clarifying Overtime Exemption for Retail and Service Employees | Arent Fox -
The rule withdraws two provisions from WHD’s regulations. The first withdrawn provision listed industries that WHD viewed as having “no retail concept” and thus were categorically ineligible to claim the section 7(i) exemption. The second withdrawn provision listed industries that, in WHD’s view, “may be recognized as retail” and thus were potentially eligible for the exemption.
According to WHD, “as a result of the withdrawal of these two lists, establishments in industries that had been on the non-retail list may now assert that they have a retail concept, and if they meet the existing definition of retail and other criteria, may qualify to use the exemption.
Case: Wage & Hour/Overtime (E.D. Va.)
A federal district court in Virginia ruled that Topgolf International Inc. must continue to litigate a sales account manager's claims that the sports gaming company had willfully misclassified her as exempt from overtime requirements while she held the title of corporate event sales manager, and thus failed to pay her overtime she was owed under the Fair Labor Standards Act.
Metro Council discusses first round results in LMPD overtime pay audit | News | wdrb.com
LOUISVILLE, Ky. (WDRB) -- Metro Council Members are finding out what allowed the Louisville Metro Police Department's overtime pay scandal, exposed by WDRB News , to happen and what's being done to prevent it from happening again.
The government oversight committee on Tuesday heard the results of the first part of an audit Metro Council called for in September 2018 . Months before that, a WDRB investigation found that officers had claimed 21-hour days, officers working weeks or months without taking a day off, including weekends, and that the department blew through half of its overtime pay for 2017 in the first six weeks of the year.
McDonald's wins the right to cut overtime pay during coronavirus
McDonald's' bid to temporarily slash its fast-food workers' pay in exchange for greater job security has been approved by the Fair Work Commission.
The move would see around 107,000 workers' pay cut during the pandemic and until 31 July. The move was backed by the Australian Industry Group (AIG), the Australian Council of Trade Unions and the Shop, Distributive and Allied Employees Association (SDA).
"We accept that the proposed variation may result in low paid employees receiving less pay than they would for the same hours under the current terms of the award," Justice Ross wrote in the decision.
Happening on Twitter
States run their own elections. Congress voted the funds to support voting in Covid relief bills. Trump, who has al… https://t.co/bMkqjNDnTP JoyceWhiteVance (from Alabama) Wed May 20 12:24:50 +0000 2020
Controlling the virus fixes the economy. Fixing the economy does not control the virus. jeremyfaust (from Boston, MA) Tue May 19 15:47:04 +0000 2020
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