Sunday, November 1, 2020

Nurses demand overtime pay in lawsuit against San Francisco; union claims 90,000 hours of work

Three nurses filed a lawsuit against the San Francisco’s Department of Public Health on Thursday for back pay they say they are entitled to after years of chronic understaffing at public health facilities.

The nurses say the department uses illegal practices to avoid paying overtime. In a lawsuit filed Thursday in federal court, they allege that nurses who work under a civil service appointment are not properly compensated for hours that exceed their standard 40-hour work week.

Publisher: SFChronicle.com
Date: 2020-10-23T01:19:28 00:00
Author: Nora Mishanec
Twitter: @sfchronicle
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In case you are keeping track:

Court Rules Employer Must Pay Overtime for Overtime Work it Does Not Prevent Even if Work was not

A class action was filed for unpaid overtime on behalf of approximately 31,000 customer service employees across Canada who worked for a bank over sixteen years. The bank’s policies required management pre-approval of overtime hours or post-approval in extenuating circumstances. The bank used software to record hours worked by employees. However, employees did not regularly record their actual hours of work.

The class action claimed that the bank had to pay for overtime work where the employer permitted its performance.

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San Francisco nurses sue city over staffing, overtime pay

Union officials contend the city's public healthcare facilities are systematically understaffed, which jeopardizes the safety of patients and nurses, according to KPIX . Additionally, nurses who work both per diem shifts and civil servant appointed positions aren't receiving overtime pay when they work more than 80 hours in a pay period because overtime hours are being classified as per diem hours, according to the union.

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According to the agreement between the city and union, hours worked in "excess of the regular or normal work day or week shall be designated as overtime." The agreement says overtime will be paid to those required to work more than eight hours in a day or 80 hours per payroll period.

Date: Nurses who work at San Francisco
Author: Kelly Gooch
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Overlooked and Underpaid: Misclassifying "Managers" as Overtime Exempt - Lexology

Managers in the retail, food and beverage, and many other sectors frequently perform all of the same tasks as the employees they manage but are never paid overtime pay. Why? The reason is that federal and provincial laws across Canada carve out an exemption for managerial employees.

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The rules in Ontario mean that while some managers are legitimately exempt from overtime pay and other employment standards, there are many “working managers” who are not exempt and who should benefit from employment standards protections concerning hours of work, rest periods and time off between shifts. These managers should also be paid overtime pay for any work they perform in excess of 44 hours per week, subject to industry specific rules.

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Other things to check out:

How has the Trump administration changed labor protections? | BrandeisNOW

Unfortunately, the Trump administration has systematically rolled back progress on both fronts.
 
The administration revised the overtime rules to reduce the number of workers eligible for overtime pay and modified the definition of an employer in ways that potentially narrow rather than expand protections for workers.

Publisher: BrandeisNOW
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New Overtime and Minimum Wage Rules in Pennsylvania - Labor and Employment Legal Blogs Posted by

New regulations governing overtime pay and minimum wage went into effect on Saturday, October 3, 2020. And it’s about time. This is the first time these regulations have been updated in approximately 40 years.

According to the official press release from the Pennsylvania governor’s office, these changes are anticipated to have widespread impact—expanding overtime eligibility to about 143,000 people throughout the commonwealth, and making protections more robust for more than 251,000.

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Date: 5E34A97C920DB9F5CCEBCE48330D630B
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New Pennsylvania Overtime Pay Regulation Now in Effect | Schnader Harrison Segal & Lewis LLP -

In our previous alert, we recognized that the new Pennsylvania overtime pay regulation, adopted in January 2020, would be effective upon publication in the Pennsylvania Bulletin. That date has now occurred. The Pennsylvania Bulletin finally published the overtime regulation so that the effective date for the new rules is October 3, 2020.

This means that the minimum salary required for exempt executives, administrators and professional (EAP) employees in Pennsylvania is now $684 per week ($35,568 annually) effective October 3, 2020, will be $780 weekly ($40,560 annually) effective October 3, 2021, and $875 weekly ($45,500 annually) effective October 3, 2022.

Publisher: JD Supra
Twitter: @jdsupra
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Facebook Will Pay $1.65 Million to End Class Overtime Pay Suit
Twitter: @BloombergLaw
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