Wednesday, January 20, 2021

Biden unveils immigration proposal that offers green cards and overtime pay to farm workers and a

President Joe Biden is offering foreign-born farm workers the chance to immediately apply for permanent residency.

Biden's immigration proposal would also give agriculture industry workers the right to overtime pay.

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President Joe Biden is presenting a sweeping immigration reform bill to Congress on his first day in office, prioritizing a sharp rebuke to the Trump years. It would award permanent residency to farm workers who have kept the country fed throughout the pandemic, offer a pathway to citizenship for Dreamers - giving hope to one son of farm workers and brother of a Dreamer.

Twitter: @YahooNews
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And here's another article:

NY board delays decision on making it easier for state farmworkers to get overtime pay -

In this file photo, farmworkers Delroy Masters, center, and Cardinal Taylor prune apple blossoms by hand. Michael Greenlar | mgreenlar@syracuse.com Michael Greenlar | mgreenlar@syracuse.com Michael Greenlar | mgreenlar@syr

Syracuse, N.Y. – A decision on whether New York should make it easier for farmworkers to get overtime pay has been delayed at least until November.

The three-person Farm Laborers Wage Board voted Thursday to hold off on determining if the threshold for farmworker overtime pay should be reduced from 60 hours a week to 40 hours.

Publisher: syracuse
Date: 2021-01-01T15:32:51.781Z
Author: jmulder
Twitter: @syracusedotcom
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Getting Tippy: Calculating Overtime For Employees Who Perform Tip-Credit And Non-Tip-Credit

This week, the U.S. Department of Labor issued an opinion letter,  FLSA021-5 , explaining how to calculate an employee’s regular rate of pay and overtime when an employee performs both tip-credit and flat-rate work in a workweek. The regular rate is a weighted average of all pay rates for all hours worked. The only tips that are included in the calculation are the tips claimed as part of a tip-credit.

The first step in calculating an employee’s overtime rate is determining the employee’s total straight-time pay for the workweek. 

Publisher: JD Supra
Twitter: @jdsupra
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The DOL Releases Opinion Letters Regarding the Participation of Hosts and Hostesses in Tip Pools

The Fair Labor Standards Act (FLSA) requires that covered, non-exempt employees receive at least the minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 in a workweek.

However, the tip credit provision in section 3(m)(2) of the FLSA permits an employer to pay its tipped employees not less than $2.13 per hour in cash wages and take a tip credit equal to the difference between the cash wages paid and the minimum wage. Tipped employees are those who customarily and regularly receive more than $30 per month in tips. Under the current federal minimum wage of $7.25, the tip credit may not exceed $5.12 per hour.

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This may worth something:

NJ Supreme Court Rules Truck Drivers Entitled to Overtime Pay | News For The Workers Comp Industry

The trial court viewed those decisions to satisfy N.J.S.A. 34:11-56a25.2's standard for the good-faith defense and granted summary judgment dismissing plaintiff's claims. The court did not address whether defendant constituted a “trucking industry employer” within the meaning of N.J.S.A. 34:11-56a4(f).

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Restaurant Owners Say DOL's Overtime Claim Is Time-Barred - Law360

In the legal profession, information is the key to success. You have to know what's happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

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Twitter: @law360
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Workers' rights may be looked at, business secretary confirms - Personnel Today

Business secretary Kwasi Kwarteng has confirmed that the government is looking at workers' rights now that the UK does not need to follow EU directives – but has insisted there will not be a ‘bonfire of rights’.

Last week, Kwarteng denied that the government would row back on UK workers' rights after the Financial Times reported that some workers' protections and rules brought in under the EU's Working Time Directive – including the 48-hour limit on the working week, rules on rest breaks, and the inclusion of overtime pay in holiday pay calculations – could be amended by government.

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Publisher: Personnel Today
Date: 2021-01-19T16:59:01 00:00
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Kroger, Fred Meyer Hit With Assistant Manager's Overtime Suit

Kroger Co. wrongly denied overtime pay to assistant store managers at its subsidiary, Fred Meyer stores, by misclassifying these employees, according to a potential collective action filed Tuesday in federal court in Ohio.

Kroger systematically misclassified the ASMs at Fred Meyer locations in Alaska, Idaho, Oregon, and Washington as managers exempt from the overtime pay requirements of the Fair Labor Standards Act, Christopher Levi alleges in his complaint at the U.S. District Court for the Southern District of Ohio.

Twitter: @tax
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