Monday, November 23, 2020

Commission-Based Financial Advisors Entitled to Overtime Pay

California employers may not realize that even if nonexempt employees are paid entirely through commissions, they may be entitled to overtime pay if they work beyond a certain number of hours.

A California appeals court recently ruled that financial advisors who were only paid commissions were entitled to overtime premiums under the state's wage and hour laws.

California employers generally must pay employees overtime premiums if they work more than eight hours a day or 40 hours a week. A person employed in an administrative capacity, however, is exempt from this and other wage and hour requirements if he or she performs certain duties and is paid a monthly fixed salary equivalent to at least twice the state minimum wage for full-time employment.

Publisher: SHRM
Date: 11/23/2020 5:00:00 AM
Author: Joanne Deschenaux
Twitter: @SHRM
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Were you following this:

Kroger, Pick 'n Save Sued for Stiffing Managers on Overtime Pay
Twitter: @BloombergLaw
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Want to make a fortune in overtime? Become an L.A. firefighter - Los Angeles Times

It turns out that at the Los Angeles Fire Department, coronavirus testing duty isn't the only way to make a small fortune in overtime pay.

* * *

I checked payroll records on two inspectors, and when you combine their regular salaries with the massive amounts of overtime pay they hauled in, their total compensation since January of 2018 was roughly $1 million each.

But in the Los Angeles Fire Department, there's a long tradition of overtime pay being there for the taking. In a citywide overtime audit by City Controller Ron Galperin, LAFD topped all departments in the 2018-19 fiscal year, with 3 million hours of overtime and $192 million in overtime pay.

Publisher: Los Angeles Times
Date: 2020-11-21T18:00:04.947
Author: https www latimes com people steve lopez
Twitter: @latimes
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Lawmakers seek transparency from HPD following alleged overtime violations involving COVID-19

Some lawmakers are calling for changes at the Honolulu Police Department as it investigates allegations of overtime pay violations involving COVID relief funds. 

HPD announced Friday afternoon that the Coronavirus enforcement team has been suspended after an audit flagged officers for allegedly exceeding the department's overtime limit and received payment with CARES act funding. 

Honolulu defense attorney announced Jacquie Esser said HPD has been mismanaging CARES Act funding since the start of the pandemic. 

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In case you are keeping track:

Ride-hailing battle looms over benefits   | Local News | salemnews.com

Associated Press fileA Lyft logo is installed on a Lyft driver's car next to an Uber sticker. Massachusetts could become the next battleground over the issue of whether drivers for ride-hailing services are treated as regular employees and due benefits not available to independent contractors.

Following a ballot fight in California, companies such as Uber and Lyft are gearing up to push new rules in Massachusetts allowing "gig economy" companies to continue treating drivers as independent contractors.

Publisher: Salem News
Author: Christian M Wade Statehouse Reporter
Twitter: @salemnews
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My Company Said 401(k) Contributions Are Based on Straight Time Pay - Report Door

To a certain extent, 401(k) regulations allow employers to determine what is defined as “eligible compensation/pay” for contributions to a 401(k) plan. For instance, some plans may include overtime pay in the definition of compensation for salary deferral purposes, while others may not. Indeed, many may only include so-called “straight time pay”; i.e., earnings from working normal hours.

The definition of what compensation should be included for salary deferral is laid out in the 401(k) or retirement plan documents. Depending on the plan, the definition of eligible compensation will be outlined in the plan, and it can vary from one plan to another.

Publisher: Report Door
Date: 2020-11-22T21:33:29 00:00
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Modern Award updates -the perils of calculating overtime for casuals - Lexology

In 2017, the Fair Work Commission (FWC) was alerted to a number of Awards that were ambiguous about when casual employees are entitled to overtime pay and what rate applies. In October 2020, a Full Bench of the FWC made an important decision regarding overtime entitlements, amending a list of 97 Awards after consulting both employer and union representatives.

You might have assumed that the Full Bench would declare that one consistent method of calculating overtime pay for casual employees would apply, but this is not the case. The Full Bench decision confirmed that different Awards require different approaches, so you will always need to check your Award to confirm the correct approach.

Reference: (Read more) Visit Source



Lopez: Want to be a civil service millionaire? Apply today to the L.A. Fire Department

It turns out that at the Los Angeles Fire Department, coronavirus testing duty isn't the only way to make a small fortune in overtime pay.

* * *

I checked payroll records on two inspectors, and when you combine their regular salaries with the massive amounts of overtime pay they hauled in, their total compensation since January of 2018 was roughly $1 million each.

But in the Los Angeles Fire Department, there's a long tradition of overtime pay being there for the taking. In a citywide overtime audit by City Controller Ron Galperin, LAFD topped all departments in the 2018-19 fiscal year, with 3 million hours of overtime and $192 million in overtime pay.

Twitter: @YahooNews
Reference: (Read more) Visit Source



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