The Department of Labor (“DOL”) released an opinion letter addressing whether certain overtime payments based on an expected number of hours may be credited towards the amount of overtime pay owed under the Fair Labor Standards Act (“FLSA”) and whether such overtime payments are excludable from the regular rate. The answer to both questions is yes.
The FLSA contains a statutory exclusion which permits an employer to exclude extra compensation provided at a premium rate. The FLSA further permits an employer to credit any payments excludable under the FLSA towards overtime pay owed under the FLSA.
This may worth something:
Trump Judge Writes Decision Granting Overtime Pay to Oil Company Supervisor Who Already Made More
Trump Fifth Circuit judge James Ho wrote a 2-1 decision ruling that an oil company supervisor who already made over $200,000 per year was also entitled to overtime pay. The December 2020 decision is Hewitt v Helix Energy Solutions Group, Inc.
Michael Hewitt worked for two years for Helix Energy Solutions as a supervisor of other employees on an offshore oil rig. He earned over $200,000 per year, but his pay was calculated "using a daily rate" rather than via a regular salary. Hewitt accordingly claimed that he was also owed overtime pay under the Fair Labor Standards Act whenever he worked more than 40 hours per week.
New York farm workers await decision on overtime pay | Agriculture | nny360.com
Indiana RV Company Withheld Overtime Pay Says Federal Investigation
That’s following a U.S. Department of Labor investigation at Travel Lite Incorporated’s New Paris and Syracuse, Indiana, production facilities.
Investigators say the company violated the federal Fair Labor Standards Act when it told 25 salaried workers they were exempt from receiving overtime. It also paid more than 100 hourly production workers flat rates for each day, regardless of the number of hours worked that week.
Patricia Lewis, U.S. DOL wage and hour division district director, said she encourages employers to contact her office in Indianapolis to avoid similar overtime violations in the future.
Other things to check out:
N.Y. Board Delays Decision On State Farmworkers Overtime Pay | WSHU
The three-person Farm Laborers Wage Board has delayed a decision on whether New York should make it easier for farmworkers to get overtime pay until at least November.
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The board voted ahead of the New Year to postpone deciding if the threshold for farmworker overtime pay should be reduced to 40 hours a week from 60 hours. Brenda McDuffie, chairperson of the board, said more time is needed due to the economic uncertainty of the COVID-19 pandemic.
Farm Labor Overtime Is Unchanged | News, Sports, Jobs - Post Journal
After much lobbying from both sides, a state Labor Department wage board has chosen to make no changes to overtime rules for farm workers in the coming year.
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The Farm Workers Fair Labor Practices Act, passed in 2019, granted year-round and seasonal farm employees many of the same labor rights and benefits as workers in other industries including collective bargaining, housing protections, enhanced worker’s compensation protection and overtime pay of one and a half times an employee’s regular wages after 60 hours of work per week and/or if they choose to work on a designated day of rest.
Aurora police chief says officer fired for claiming unauthorized overtime pay
Aurora Police Chief Vanessa Wilson said she has fired an officer for saying his supervisor authorized overtime pay after the supervisor told him he couldn’t put in for the time.
Wilson said Monday that she fired Officer Jordan Odneal, who put in for the pay on June 4 and 7 for completing an online training course. He indicated in the entries in the automated scheduling system that his supervisor gave the OK for the pay, according to a statement from the department.
'Upstate wasteland': farmers worried about consequences of increased overtime pay
The Department of Labor's Farm Laborer Wage Board decided Thursday to maintain the 60 hour overtime threshold for farmers and farm workers across New York State until at least November of 2021.
The Board said "The last thing these farms needed were new costs that would drive more of our agriculture industry out of business."
Officials say they urge leaders to continue to reject any new possible burdens on family farms in the state and to look for solutions to help grow the agricultural part of the country's and state's economy.
Happening on Twitter
The 'buy now, pay later' boom is minting a new class of billionaires https://t.co/7v30g3xFSJ businessinsider (from New York, NY) Sun Jan 10 13:55:38 +0000 2021
Where is @BorisJohnson? We need further restrictions and national lockdown now. School closures are inevitable.… https://t.co/UNv8pk143G AngelaRayner (from Ashton-under-Lyne, England) Sun Jan 03 21:47:34 +0000 2021
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