Friday, March 19, 2021

MRSC - Overtime and Comp Time

The information below discusses the minimum overtime requirements for local governments under federal and state law. Many local governments in Washington State offer more generous overtime provisions in their collective bargaining agreements and/or personnel policies.

New state overtime thresholds: Beginning January 1, 2021, the state overtime salary thresholds exceed the federal salary thresholds. These thresholds impact which employees are considered nonexempt and are therefore eligible for overtime pay, regardless of their job duties.

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Not to change the topic here:

The Fifth Circuit's FLSA One-Two Punch – Two Big Cases | Jackson Walker - JDSupra

March 9, 2021, was a busy day for the Fifth Circuit in the wage and hour arena when it issued two decisions that carry big implications for application of the Fair Labor Standards Act (FLSA), the federal law that requires minimum wage and overtime compensation for most employees.

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Hewitt has a tortured history. In August 2017, Hewitt sued for alleged unpaid overtime, seeking to represent a class of tool pushers who worked offshore oil rig hitches for Helix, an oil and gas services company. According to Hewitt, he was paid a day rate— a set amount for each day he worked, regardless of the number of hours worked—which he claimed violated the FLSA.

Publisher: JD Supra
Twitter: @jdsupra
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DOL Proposes to Scrap Employer-Friendly Independent Contractor Rule | Pullman & Comley - Labor,

Under the Fair Labor Standards Act (FLSA), an employer is required to pay its employees at least the federal minimum wage, provide overtime pay in any workweek that an employee works more than 40 hours, and keep and preserve certain records regarding employees. Because the FLSA applies only to employees, an employer does not have to follow the law’s minimum wage, overtime pay, or recordkeeping requirements for its independent contractors.

The Supreme Court and federal courts throughout the country use the “economic reality test” to distinguish between independent contractors and employees for purposes of the FLSA. Under the test, it is the economic realities of the relationship between the worker and the employer that are indicative of a worker’s status as an independent contractor or employee. In 1947, the Supreme Court stated that six specific factors are relevant to the analysis:

Publisher: JD Supra
Twitter: @jdsupra
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County approves overtime for maintenance workers

On March 9, the Cheboygan County Board of Commissioners approved an amendment to the county's 2021 salary and wage resolution to allow overtime pay for county maintenance personnel helping with COVID-19 vaccine clinics.

"This is a request to add overtime relating to the maintenance department helping cover duties and expenses related to assisting District Four Health in the maintenance and set up of COVID-19 vaccine clinics over at the K of C," said Cheboygan County Finance Director Sue Buitenhuis.

Publisher: Cheboygan Daily Tribune
Author: Kortny Hahn
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Other things to check out:

FedEx Delivery Workers' Overtime Pay Claims Greenlighted

FedEx Ground lost its bid to bring an early end to a proposed class action alleging it shortchanged more than 100 New Mexico delivery workers on overtime pay, after the District of New Mexico ruled an exception for "flat rate" employees doesn't apply.

Fernandez Martinez alleges that FedEx drivers and runners are paid a "day rate" whereby they earn the same amount of money regardless of how many hours they work in a day, which results in employees working more than 40 hours per week with no overtime pay.

Twitter: @tax
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Mortgage Co. Stiffs Workers On Out-Of-Office Pay, Suit Says - 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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Enter your details below and select your area(s) of interest to stay ahead of the curve and receive Law360's daily newsletters

Twitter: @law360
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What is the "Save America's Pastime Act"? - Marketplace

The Save America's Pastime Act rewrites federal law to exempt baseball players from the federal minimum wage and rules around overtime pay (originally established by the Fair Labor Standards Act) . It was passed following pressure from Major League Baseball, team owners and minor league baseball representatives.

This was not the first time workers found themselves without protection under the Fair Labor Standards Act. When the FLSA originally passed in 1938, several groups of workers were not covered. One of the most glaring exemptions was pushed by Southern Democrats. They would only support the law if agricultural workers and domestic workers were exempt. At the time, workers in those industries were disproportionately Black or Latinx.

Publisher: Marketplace
Date: 2021-03-18T00:43:00-07:00
Twitter: @Marketplace
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Sunshine Week: Concord police pay, overtime shoot up during pandemic and that's no accident

COVID-19 brought broad changes for the Concord Police Department. Calls for service dropped 40% in the early weeks, while parking fines – like commerce in general – took a hit.

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This spring, as the city begins designing its next budget, those spending increases have already made their mark. Salary records reviewed by the Monitor indicate that payroll at the police department grew nearly twice as fast in 2020 as in other city departments. And recorded overtime swelled at the department even as city-wide overtime decreased.

Publisher: Concord Monitor
Date: 3/18/2021 5:38:03 PM
Twitter: @conmonitornews
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