Saturday, December 5, 2020

FedEx Escapes Driver's OT Class Claims In Colo. - Law360

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While you're here, how about this:

Erin McCool | Court ruling has potential impact for local ag industry | Business World |

On Nov. 5, a divided Washington State Supreme Court declared that 60-year-old overtime exemptions for dairy workers in the state of Washington are unconstitutional under the Washington Constitution.

The Washington Supreme Court's decision in Martinez-Cuevas v. DeRuyter Brothers Dairy could have sweeping effects on the overtime exemptions for agricultural workers that have been in effect in the state since 1959.

In 2016, dairy workers for DeRuyter Brothers Dairy filed a class action lawsuit against their employer, alleging that the dairy failed to pay them minimum wage, did not provide the required rest and meal breaks, failed to compensate pre- and post-shift duties, and failed to pay overtime. The parties settled all claims except for the overtime pay claims.

Publisher: The Wenatchee World
Author: Erin McCoolOgden Murphy Wallace PLLC
Twitter: @wenatcheeworld
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Michigan restaurant failed to track overtime, must pay staff $37K, feds say - mlive.com

ORION TOWNSHIP, MI – A Michigan restaurant has been ordered to pay six kitchen employees $37,177 in overtime back wages.

Investigators from the U.S. Department of Labor's Wage and Hour Division (WHD) found that Carrie Lee's Orion Restaurant in Orion Township violated the Fair Labor Standards Act by paying kitchen employees flat monthly salaries – partially on payroll and partially in cash – regardless of the number of hours that they worked.

By doing so, the employer failed to pay overtime when employees worked more than 40 hours in a workweek.

Publisher: mlive
Date: 2020-12-04T20:33:32.982Z
Author: BrandonChampion7
Twitter: @mlive
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Paying for all hours worked for non-hourly employees —

American Income required agents to undergo "rigorous" trainings which lasted "at least several weeks." During training, the agents frequently work more than eight hours per day, and six or more days per week. However, they do not earn money while training because their compensation is commission-based. The employer regulates its agents' schedules, requiring off-site and in-office sales meetings to occur at certain times. Agents are generally not paid minimum wage or overtime pay.

For all these, agents are made to sign contracts providing that "The Agent is not an employee of the Company; rather, the agent is an independent contractor. The agent has no fixed hours and is free to choose the time and manner in which services are performed."

Publisher: Asian Journal News
Date: 2020-12-05T08:13:06 00:00
Twitter: @asianjournalcom
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While you're here, how about this:

El Tio Tex-Mex Penalized for Labor Violations at Local Restaurants | Tysons Reporter

Federal investigators found that Mejia Corporation, the company that operates El Tio , had violated labor laws by not paying minimum wage and overtime to tipped employees, particularly bussers and food runners, the U.S. Department of Labor reported yesterday (Wednesday).

A consent judgment filed in the U.S. District Court for the Eastern District of Virginia requires El Tio to pay $848,006 in back wages and liquidated damages to 209 employees for violating the Fair Labor Standards Act, which sets rules for minimum wage, overtime pay, recordkeeping, and child labor in the U.S.

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Publisher: Tysons Reporter
Date: 2020-12-03T13:15:38 00:00
Author: Angela Woolsey
Twitter: @tysonsreporter
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'Wage theft': Employees are working long hours at home — but some employers feel they don't need

Just as some employees will take advantage of their employers, some employers are equally unscrupulous. The productivity of Canadians working remotely, on an hourly basis, is 21 per cent less than employees working from the office, according to Aternity's Global Remote Work Productivity Tracker. While their productivity is decreasing the longer remote work continues, at-home employees are spending 10 per cent more time working than those in the office.

Are they entitled to more money as a result of working these additional hours even if their overall productivity has declined? And is not paying for that extra time 'wage theft' in the same way that pursuing personal endeavours while on the clock is 'time theft'?

Publisher: financialpost
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The Beginner's Guide to Calculating Payroll - KAKE

If you’ve just started a new business, there’s a lot to think about—but have you worked out how to pay your staff?

Whether you have one employee or hundreds, you need to pay your staff on time and correctly. When calculating payroll, there are many things to think about, and it can be complicated if you’re new to the process.

To help you out, keep reading to find the beginner’s guide to calculating payroll—here’s everything you need to know!

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Who Are The Sunday Service Choir People Suing Kanye West?

Rapper, Yeezy founder, and Keeping Up With The Kardashians star Kanye West was sued by a choir that performed on his Sunday Service initiative. No sooner than he lost his presidential bid, Kanye West had to deal with a lawsuit for nonpayment of wages. Here's what we know about the choir members behind that lawsuit.

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With key staff being on the list of disgruntled workers, the lawsuit is not a good look for Kanye West's Sunday Service brand . The suit goes on to claim that these defendants "oversaw, controlled and ran the production, and (...) worked many hours on the production and were not timely paid for their work, or paid at all." Over an extended period of time, Kanye West has performed his Sunday Service shows across the country and around the world.

Publisher: ScreenRant
Date: 2020-12-05T14:27:22Z
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