On May 18, 2020, and again on May 20, the Department of Labor’s (DOL) Wage and Hour Division issued final rules regarding overtime pay under the Fair Labor Standards Act (FLSA). The May 20 final rule allows for employers to provide bonuses, compensation, and hazard pay to certain employees, while simultaneously being able to calculate overtime under the fluctuating workweek basis.
Together, these final rules provide employers with some flexibility regarding payroll for certain employees. This flexibility is especially important for employers as they navigate the COVID-19 pandemic.
Other things to check out:
First Responder Overtime Virus Pay at Risk Under DOL Rule: Union
A Labor Department rule on fluctuating schedules set to take effect in July could cut overtime pay for first responders in the middle of the Covid-19 pandemic, according to a national union that represents firefighters and emergency medical technicians.
The rule makes it easier for employers to use the fluctuating workweek method of calculating pay under the Fair Labor Standards Act. Those who support the change say it shields employers from lawsuits when they give bonuses to workers. The union and public-sector worker advocates say it could lead to pay cuts and excessive overtime shifts for firefighters and EMTs because those who work the most overtime could end up earning significantly less.
DOL Issues Final Rule on Fluctuating Workweek Method of Computing Overtime under Fair Labor
On May 20, 2020, the U.S. Department of Labor (DOL) released its final rule revising its so-called “fluctuating workweek” regulation. The final rule confirms that incentive payments—such as bonuses, commissions, and other premium payments—made in addition to the salary are compatible with the use of the fluctuating workweek method of compensation. The DOL also clarifies other aspects of the fluctuating workweek method that have confused courts and employers alike.
A Quick Wage-Hour Tip on California Overtime
California law has specific requirements regarding the payment of overtime to employees. An employer's failure to pay overtime—or failure to pay the correct overtime rate—can result in a litany of unintended Labor Code violations, which, in turn, can lead to enormous liability. Therefore, it is critical that employers understand when overtime is due and how to calculate the overtime rate of pay.
In California, the general overtime requirement is that a nonexempt employee shall receive a premium of at least:
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RECAP: RSU holds first BoD meeting of the year, ends overtime pay for execs and ratifies board
The Ryerson Students' Union (RSU) held its first Board of Directors (BoD) meeting of the new academic year online on Thursday, where motions were passed to end overtime pay for executives and ratify several board positions, among others.
RSU president Ali Yousaf opened the meeting by saying, "the only thing that doesn't change is change itself." He added that the unprecedented times surrounding COVID-19 require students to adapt to a new normal.
"During this evolution process, obviously we will have a lot of barriers that we need to overcome," Yousaf said. "We have a very important mandate of working in the best interest of [Ryerson's] 40,000 students."
This Port Authority cop makes more than the president
The top 10 earners at the Port Authority last year all work for its police department and raked in more than $300,000 each — thanks to six-figure overtime payments.
The agency’s highest-paid employee was Regina Womack, a PAPD sergeant who took home $423,467 — after pulling down $259,717 in OT on top of her base pay of $131,843, according to numbers released by the nonprofit Empire Center.
That’s more than the $400,000 annual salary of the president of the United States. And Womack’s overtime alone nearly equaled the yearly salary of Rick Cotton, the director of the massive bi-state agency, who was paid $275,000 in 2019.
Daily Insight: Hancock dodges overtime pay decision | Expert Briefing | Health Service Journal
With public sympathy for the NHS reaching new highs, staffing unions will be in a strong position when the next pay negotiations come around.
An early win, however, was there to be made on overtime pay , after the unions got wind of some classic NHS variation in trusts' approaches to paying staff for extra hours worked.
A document published by NHS Employers this morning said health and social care secretary Matt Hancock had been asked for a "national solution" to be reached on overtime pay during the covid-19 response.
'Clearly undervalued' health care support workers in line for a boost in pay - Chicago Tribune
Doctors, nurses and certified nursing assistants aren't the only healthcare workers making great personal sacrifices during the pandemic. Direct support professionals who serve people with mental and developmental disabilities have done this as well.
But DSPs are getting paid far less, with wages that vary depending on municipal and county governments.
That circumstance is expected to improve slightly, thanks to the Illinois General Assembly's approval of a $1 increase in pay reimbursement for work performed by DSPs starting July 1. The reimbursement will increase by an additional 50 cents starting Jan. 1, 2021.
Happening on Twitter
MHA to make final policy decision for possible changes in service rules and grant of organised group A service stat… https://t.co/dotGaoMCs8 PTI_News (from New Delhi, India) Fri May 29 14:26:30 +0000 2020
The Senate gave final approval to the bipartisan measure in March, dealing a rare rebuke of DeVos from the Republic… https://t.co/93EkWHryTM NewsHour (from Arlington, VA | New York, NY) Sat May 30 07:12:00 +0000 2020
Dutch PM @MinPres getting much respect for abiding by lockdown rules - despite fact it meant he couldn't visit his… https://t.co/8ccAUOSuAe annaholligan (from The Hague, The Netherlands) Tue May 26 07:27:54 +0000 2020
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