Wednesday, April 21, 2021

Per Diems Should Have Been Included in Calculation of Overtime

A health care staffing agency should have included weekly per-diem benefits in its traveling clinicians' regular rate of pay for purposes of calculating their overtime pay, according to the 9th U.S. Circuit Court of Appeals.

The plaintiffs worked as clinicians for AMN Services LLC. They were paid an hourly wage and received a weekly per-diem benefit. On behalf of two certified classes of traveling clinicians who worked for AMN at facilities more than 50 miles from their homes, they alleged their weekly per-diem benefits were improperly excluded from their regular hourly rate of pay under the Fair Labor Standards Act (FLSA), thus decreasing their wage rate for overtime hours.

Publisher: SHRM
Date: 2021-04-21
Author: Kenneth J Diamond
Twitter: @SHRM
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Oil Field Workers Nab Cert. In Overtime Wage Suit - Law360

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Humana Reaches $17 Million Settlement In Overtime Pay For Home Care Workers | OPEN MINDS

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Publisher: OPEN MINDS
Twitter: @openmindscircle
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Suez Canal workman finally gets his overtime pay | Daily Mail Online

The workman who shot to fame for operating a Suez Canal digger during desperate attempts to free the stricken ship Ever Given has finally received his overtime pay as well as a bonus, officials have revealed.

Images showing Abdullah Abdul-Gawad's digger shifting rock and sand in a bid to free the enormous ship were seen around the world and sparked dozens of memes online as the crisis unfolded in March.

The subcontractor later revealed that he was owed his overtime payment and he and his workers had got by on just three hours of sleep.

Publisher: Mail Online
Date: 2021-04-21T09:07:34 0100
Author: Sophie Tanno
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Suez Canal workman finally gets overtime pay for freeing Ever Given | indy100

One of the workmen responsible for dislodging the stricken vessel Ever Given from the Suez Canal, has finally received the overtime he deserves.

Abdullah Abdul-Gawad was operating a digger that shifted rock and sand in an attempt to free the large cargo ship that became stuck in March.

Images reveal the subcontractor working tirelessly to dislodge the ship, despite operating on only three hours of sleep while he and his colleagues worked 21-hour days. Talk about going above and beyond.

Date: 2021-04-21T14:52:50.000Z
Author: Sandra Salathe
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Virginia's New Overtime Law Likely To Create New Employer Headaches | Williams Mullen - JDSupra

Beginning on July 1, 2021, Virginia employers will be subject to a new state overtime law that provides more stringent overtime requirements than those contained in the federal Fair Labor Standards Act (FLSA). On March 31, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act into law. Like the FLSA, the new Virginia law obligates employers to pay 1.5 times a non-exempt employee’s regular rate of pay for all hours worked in excess of 40 hours in each workweek.

The new overtime changes for 2021 may catch employers off-guard because, on their face, they appear to track the FLSA, but there are nuanced changes for which employers must get prepared. One of the ways the Virginia law differs from the FLSA is with respect to how “regular rate” of pay is calculated for purposes of determining overtime compensation.

Publisher: JD Supra
Twitter: @jdsupra
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Calif. Farming Cos. To Pay $3.5M To Settle Wage Fight - Law360

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Grievances filed in PFT pay action | News | pdclarion.com
Publisher: Princeton Daily Clarion
Author: ANDREA HOWE Editor The Daily Clarion
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The bosses of the Suez Canal say the excavator operator who helped free the Ever Given is getting

The excavator driver who shot to fame for his work dislodging the massive Ever Given container ship from the Suez Canal ought to have been paid his overtime by now, the Suez Canal Authority said.

The authority said in a statement on Facebook last week that it believed that Abdullah Abdul-Gawad had gotten the extra money he was due from the grueling work of helping to move the ship .

Abdel-Gawad does not work for the SCA but for a subcontractor. He told Insider at the time that while he fully expected to receive his overtime pay at some point, it was slow coming.

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Publisher: Business Insider
Author: After Insider interviewed Abdullah Abdul Gawad whose digger helped free the Ever Given the Suez Canal Authority said he got his overtime
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