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Salary pay less than hourly with overtime | Ask The Attorney | courierjournal.net
Q: I work for a chain retail store. They have me working 50 to 60 hours a week. They promoted me to assistant manager and put me on a salary. I now make less than I did when I was paid hourly and received overtime. I don't think this is legal. Should I call a lawyer?
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A: We have seen some court rulings in the last few years that have been favorable towards workers that have been classified as "executive exempt" workers to avoid overtime pay. These cases fall under the Fair Labor Standards Act. The FLSA is a federal law that regulates the legal rate of pay for various types of workers.
New York Farmers Await State Decision on Overtime - WSJ
Farmers in New York are spending the last week of 2020 worrying that a state panel will recommend a legal change that could increase their overtime costs for the next growing season.
A 2019 law required the state's farms to provide overtime pay to their employees if they work more than 60 hours in a week. It also created the three-person Farm Wage Board, which was tasked with reviewing whether the overtime threshold should be lowered.
The 60-hour trigger was a compromise between agriculture interests concerned about increased costs and labor unions, who said the overtime threshold for farms should be 40 hours, as it is for most other industries and occupations in the state.
OPM Details Pay, Work, Other Considerations for Holidays
Following is a fact sheet newly issued by OPM discussing pay, work and other considerations for federal holidays.
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Most Federal employees are entitled to paid holiday time off when excused from duty on a designated holiday. Designated holidays include official Federal holidays (5 U.S.C. 6103(a)) or "in lieu of" holidays, as applicable; Presidential Inauguration Day, where applicable (specific to the Washington, DC, area); and Federal holidays declared by Executive order, which are treated as holidays for pay and leave purposes.
Many things are taking place:
Battle over rideshare drivers continues in Massachusetts
In July, Massachuss Attorney General Maura Healey sued the two companies to classify their drivers as employees.
The ongoing lawsuit, filed in Suffolk Superior Court, declares that drivers are misclassified under the 2004 Massachusetts Wage and Hour Law. The law is intended to protect workers of the gig economy, a free market system where companies hire short-term independent workers.
Under this legislation Uber and Lyft drivers should already have employee status but the two companies have been incorrectly labeling them for over a decade, the attorney general argues.
U.S. Dept. of Labor's Wage and Hour Division announced new guidance
WASHINGTON, DC – The U.S. Department of Labor's Wage and Hour Division (WHD) announced new guidance in its ongoing efforts to support the American workforce through the pandemic recovery. As employers continue to meet the challenges presented to their businesses by the coronavirus, and as telework arrangements and virtual communication increasingly provide solutions, the agency provides additional guidance to maximize the benefits of these arrangements for employers and workers alike.
How weak overtime protections contribute to inequality - Marketplace
The Fair Labor Standards Act requires employers to pay employees who work more than 40 hours a week overtime pay, generally 1.5 times their regular pay rate, for those extra hours.
But one of the biggest exceptions to that rule is for salaried employees whose income is above a certain threshold, with the logic that highly paid white-collar workers have enough power in their workplace that they don't need overtime protections.
That threshold, below which salaried workers would earn overtime, was regularly updated with inflation for years until 1975, when it was set at what would be around $57,000 in 2020 dollars. But today the threshold is just $35,568 — set by the Trump administration in 2019 and following a federal judge blocking the Obama administration's 2016 attempt to raise the threshold to $47,476 and adopt a provision to automatically update it with inflation.
Indiana Restaurant Operator To Pay $317,108 In Back Wages To 21 Employees Following U.S.
(EVANSVILLE) – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Los Tequila Inc. – operator of Los Tres Caminos restaurant in Evansville, Indiana – will pay $317,108 in minimum wage and overtime back wages to 21 employees for violations of the Fair Labor Standards Act (FLSA).
WHD investigators found that Los Tequila Inc. violated the FLSA's minimum wage and overtime requirements by paying servers for only up to 40 hours per week, failing to pay them any wages at all for any hours they worked beyond that point. Servers typically worked more than 40 hours per week every workweek.
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