When your employees work longer hours than they are scheduled for, not paying them the appropriate amount for the extra work could force you into some hot water. Employees who are eligible for overtime pay and don't receive it could take their case to court, which will not only cost you in legal fees but also put a serious dent in your company's reputation.
Simply put, overtime is the additional time employees work outside of their normal hours. Overtime pay is the amount of money workers are entitled to for putting in that extra time. Employees should receive their overtime wages in the paycheck that follows the pay period in which they worked the overtime hours.
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Coping with the pandemic and new ag worker labor standards, local farmers worry state may now
Hot Off the Press: USDOL's New Opinion Letter Provides Guidance on Fluctuating Workweek Method of
Last week, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued a new batch of opinion letters addressing compliance issues involving the Fair Labor Standards Act (FLSA). For those not familiar with such letters, an opinion letter is simply an official written response to a person or business who requested the letter, explaining how a particular law applies to specific factual circumstances.
Before diving into the opinion letter, here’s a little background on the fluctuating workweek calculation. As employers are fully aware, nonexempt employees must receive one and a half times their regular hourly rate of pay for each hour worked over 40 per week. The fluctuating workweek method of calculating overtime is simply one method employers can use to compute overtime compensation. To use the fluctuating workweek calculation, the employee must:
Comcast Sued for FLSA Overtime Pay Violations - Tech
The Southern District of Florida lawsuit states that Comcast is a foreign limited liability company that conducts business in the district. Allegedly, the plaintiff began work for Comcast in 2014 in a salaried role as a human resources manager. He earned two pay raises over time and currently makes about $109,600 per year, the filing said.
The named plaintiff argues that he is a non-exempt employee because he performed "routine work that did not involve him exercising independent judgment and discretion on matters of significance." Furthermore, he allegedly did not evaluate other employees' performance for purposes of promotion, did not prepare company policies, and did not have the authority to adjust subordinate hours or pay, hire or fire anyone, or discipline employees.
And here's another article:
Overtime pay for farmworkers still in dispute | CSNY
Last year, New York state passed a law guaranteeing workers at more than 35,000 farms rights that most other workers already had, including access to overtime pay, guaranteed time off and the ability to engage in collective bargaining.
Now, a state wage board has until the end of the year to decide on potential changes to overtime rules under the Farm Laborers Fair Labor Practices Act. The new law requires farms to pay overtime at one-and-a-half times the normal rate when farm workers work more than 60 hours in a week or on their guaranteed day of rest as of this year. The board could lower that threshold to 40 hours per week to match overtime rates in other industries.
East End farms, vineyards lobby to ease overtime rule for workers | Newsday
Area farmers, vintners, brewers and lawmakers Monday discussed ways New York State can provide additional support to farms and agricultural industries throughout Long Island, especially during the coronavirus pandemic. Credit: James Carbone
Their remarks were heard during a listening tour hosted by the Long Island Farm Bureau at Schmitt's Family Farm, where area farmers discussed Long Island farming issues with state Republican lawmakers. Attendees included retiring State Sen. Kenneth LaValle (R-Port Jefferson), Buffalo-area Sen. Rob Ortt who was elected Senate minority leader in June, and Assemb. Anthony Palumbo (R-New Suffolk) who is running for LaValle's seat in November.
Farmers tell state legislators they're wary of overtime requirement - Riverhead News Review
The wage board, which was created as part of the 2019 Farm Fair Labor Act, states that farmworkers who work more than 60 hours must be paid overtime, or time and a half.
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Outgoing State Senator Ken LaValle (R-Port Jefferson), who is not seeking reelection, Assemblyman Anthony Palumbo (R-New Suffolk), who is running to fill Mr. LaValle's senate seat, and State Senator Rob Ortt (R-North Tonawanda), the new Republican minority leader in the state Senate, took a tour with local farmers Monday to hear their concerns.
Minimizing Risk for Unpaid Overtime – U.S.
Accurately tracking hours worked by non-exempt employees for purposes of overtime pay has always been an area of potential risk for employers. The issue is thorny one because of how the federal Fair Labor Standards Act (FLSA) defines what constitutes compensable hours worked for minimum wage and overtime pay purposes.
An unprecedented number of employees currently are working remotely due to COVID-19, making this issue and this risk more relevant than ever. Earlier this week, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) [ https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fab_2020_5.pdf ] reaffirming employers’ wage and hour responsibilities for non-exempt employees working remotely due to COVID-19 or otherwise.
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