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.
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The hourly overtime rate depends on an employee’s “regular rate of pay.” Generally, the regular rate is an employee’s average earnings per hour over the course of a workweek, dividing all includable compensation by all hours worked.
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Return-to-Work Changes Pose Litigation Risk for Overtime Rules
Employers navigating the many risks associated with reopening workplaces must pay close attention to an under-the-radar litigation trap—changes to a worker's pre-virus role that make them newly eligible for overtime pay, attorneys say.
Overtime Exemptions: Businesses have relied on statutory exemptions to overtime requirements to limit labor costs and the burdens of tracking employee hours. These include an "outside sales" exemption for workers who travel door-to-door, and an "executive" exemption for employees who direct the work of at least two others.
A 2015 audit of the BPD turned up various issues with the department's overtime system.
Commissioned by the city shortly after Mayor Martin J. Walsh took office, the audit of the inner workings of the Boston Police Department revealed a number of concerns involving the use and allocation of overtime. Among them: that there appeared to be few mechanisms in place to monitor overtime spending, that the paid detail process was a "drain on city resources," and that officers were routinely being paid for time they didn't work.
"Currently, the department exercises little control over the process of assigning overtime," according to the report, which cost the city $105,000 and provided a dozen recommendations on how to clean up waste and inefficiencies.
Case: Wage & Hour/Overtime (2d Cir.)
The Second Circuit ruled that a hotel near John F. Kennedy International Airport can't overturn or reduce a former chef's $1,024,267 damages award that is based on its failure to pay him overtime wages under federal and state labor laws.
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PEF President speaks out on grievance filed over overtime pay for state workers | News 4 Buffalo
ALBANY, N.Y. (NEWS10) — A state employee union is fed up with state agencies over the issue of overtime pay during the pandemic. The Public Employees Federation, or PEF, has filed a grievance with the Governor’s Office of Employee Relations.
PEF alleges that the state did not pay some of their members a proper overtime rate for mandatory overtime hours worked. Meanwhile, a state official disputes the claim.
PEF sent a cease and desist letter to the Governor’s Office saying that the state “has failed to pay [Professional, Scientific, and Technical Services Unit] employees at their required regular overtime rate of pay for mandated COVID-related overtime assignments that were performed outside of their normal workweek.”
Los Angeles City Council approves $150million budget cut from the LAPD that would hit overtime
The Los Angeles City Council voted to cut the Los Angeles Police Department's budget by $150million.
The City Council approved the massive budget slash in a near landslide victory of 12-2 on Wednesday in the latest blow dealt to police forces.
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The Los Angeles Times reports that the LAPD's hiring took the hit, plummeting the number of officers to just 9,757 by next summer.
The Los Angeles City Council approved a $150million budget cut in a 12-2 vote on Wednesday as law enforcement is increasingly criticized
Changes in Washington State's Overtime Rules Take Effect July 1 | Local |
TUMWATER - Updates to Washington's rules that spell out what type of workers don't have to receive overtime pay will take effect Wednesday, July 1. The rules establish the criteria for certain workers to be considered exempt from getting overtime pay and other protections under the State Minimum Wage Act.
The Washington State Department of Labor & Industries (L&I) announced the changes last December after a lengthy public process. It involved numerous public hearings and taking comments and input from more than 2,400 people.
Board of sups cuts overtime for firefighters in steps to combat looming budget crisis | KBAK
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