The US Department of Labor (DOL) published a Final Rule on June 8 confirming that paying bonuses, commissions, and other incentive-based pay to salaried, nonexempt employees does not disqualify employers from using the fluctuating workweek (FWW) method of calculating overtime pursuant to the Fair Labor Standards Act (FLSA).
Under the FWW method, the employee’s salary compensates for all hours worked regardless of how many. Thus, the overtime premium for the salary component of pay is the weekly salary divided by all hours worked in the workweek multiplied by 0.5. Prior to issuing the Final Rule, there was uncertainty as to the DOL’s position with regard to whether providing compensation in addition to salary precluded the use of the FWW method.
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DOL Changes Rules for Fluctuating Workweek and Retail Establishments | Akerman LLP - HR Defense -
With employers facing several new obstacles during the coronavirus pandemic, the DOL has implemented new regulations to provide more flexibility to employers who wish to utilize flexible work schedules.
Previously, it was unclear whether employers could pay “hazard pay” or bonuses in addition to the fixed amount. Under the DOL’s new regulations, bonuses and other premiums have been deemed consistent with the fluctuating workweek, so long as they are incorporated into the calculations for the employee’s regular rate when calculating the overtime rate.
Walgreens failed to properly pay call center workers, suit claims
Walgreens failed to properly compensate call center staff for hours worked and overtime pay, according to a new lawsuit filed last week in Illinois.
Ms. Olazagasti alleges that in addition to 40 hours of on-the-clock hours, she was also asked to work up to four hours off-the-clock work per week and has not been compensated for the time.
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The proposed class and collective action was filed in the U.S. District Court for the Northern District of Illinois.
Road Engineering Co. Hit With FLSA Suit For Unpaid Wages - Law360
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Japan's average monthly wages drop in April amid pandemic - Xinhua | English.news.cn
According to Japan's Ministry of Health, Labor and Welfare of Japan, the average wages in nominal terms dropped 0.6 percent compared to the previous year to around 275,000 yen (2,500 U.S. dollars), marking the first decline in four months.
The figure equates to a 0.7-percent decline in price-adjusted real terms, marking a decline for a second straight month, the ministry's preliminary figures showed.
In terms of full-time wage earners in the recording period, the ministry said average wages fell 0.6 percent on-year to 356,000 yen (3,290 U.S. dollars), marking the first drop in nine months.
Japan's April overtime pay drops 12% amid coronavirus pandemic - The Mainichi
TOKYO (Kyodo) -- Japan's average overtime pay for April dropped 12.2 percent from a year earlier to 17,984 yen ($165), marking the sharpest fall since January 2013 amid the novel coronavirus pandemic, the labor ministry said Tuesday.
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The preliminary data on monthly wages showed overtime hours fell 18.9 percent on average to nine hours, with some sectors including the food services seeing a more than 40 percent drop.
An official of the ministry said the trend likely reflects business suspensions prompted by the state of emergency, which was first declared in Tokyo and other urban areas by the government over the pandemic on April 7 and was later expanded nationwide.
Absent Litigant in U.S. Bancorp Wage Suit Can Pursue Class Claim
A financial consultant's membership in a dismissed subclass of a suit against U.S. Bancorp Investments Inc. doesn't prevent him from pursuing an identical class action against the company, a California appeals court decided, reversing dismissal of class claims.
When Scott Williams joined U.S. Bancorp in 2007, he became part of a class seeking restitution for overtime wages, wage deductions, waiting penalties, and missed meal and rest breaks. He was also part of two subclasses, one of employees who worked more than 40 hours in a week without receiving overtime pay, and one for those who were required to bear the...
COVID-19 act helps a GA employee get paid | Valdosta Today
"This case demonstrates that the U.S. Department of Labor is working to protect employee rights and educate employers during the coronavirus pandemic," said Wage and Hour Division District Director Karen Garnett-Civils, in Louisville, Kentucky. "We encourage all employers and employees to call us for assistance to improve their understanding of the new requirements under the Family First Coronavirus Response Act.
The FFCRA helps the U.S. combat and defeat the workplace effects of the coronavirus by giving tax credits to American businesses with fewer than 500 employees either to provide employees with paid leave for the employee's own health needs or to care for family members. Please visit WHD's "Quick Benefits Tips" for information about how much leave workers may qualify to use, and the wages employers must pay.
Happening on Twitter
For half a century, @OSHA_DOL has helped employers and workers maintain safe workplaces. #NationalSafetyMonth is a… https://t.co/PIfjFPW5AM OSHA_DOL (from Washington, DC) Mon Jun 08 14:25:05 +0000 2020
Workers and employers can learn about their rights and responsibilities regarding coronavirus-related paid leave un… https://t.co/H0WXatOzmq USDOL (from Washington, DC) Tue Jun 09 20:31:41 +0000 2020
.@OSHA_DOL adopted updated interim enforcement policies to ensure that employers are taking actions to protect thei… https://t.co/7nYKK3ujUM USDOL (from Washington, DC) Tue Jun 09 20:03:31 +0000 2020
• How could #coronavirus affect your workplace? • Which jobs face elevated exposure risk? • How can employers reduc… https://t.co/GhqxeZ4X4x OSHA_DOL (from Washington, DC) Tue Jun 09 13:10:09 +0000 2020
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