Two migrant workers from Mexico are suing a Louisiana crawfish processor over wages they say fell well below the minimum wage.
The federal lawsuit filed in Alexandria says the two routinely worked 10 or more hours a day, six days a week, peeling and packing crawfish at Crawfish Processing LLC in Marksville. But, it says, the company failed to pay overtime and that wages paid often fell below the $9.75-per hour they were promised — and below the $7.25-per hour minimum they were entitled to under law.
If farmers work half-time, why did we need overtime legislation?
In the just-completed session, legislators adopted an illegal capital gains income tax. Although supporters claimed it would only hit the super-rich, the definition would also impact famers. Recognizing this was a political problem, legislators created talking points to justify taxing farm families. The message they came up with is illuminating.
Among the possible talking points to support the passage of a capital gains income tax was the following statement: “If farmers and ranchers are able to make more than $250,000 in profit each year while working less than half time, they can afford to pay 7% on all profits above $250,000.”
New Overtime Requirements for Washington Agricultural Workers | Perkins Coie - JDSupra
In response to last year’s groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc. ,[ 1 ] the state legislature recently passed Engrossed Substitute Senate Bill 5172 (SB5172),[ 2 ] amending the state’s Minimum Wage Act (MWA) as it relates to agricultural workers and adopting a phased approach for imposing overtime requirements on agricultural employers. The amendments were signed into law by Governor Jay Inslee on May 11,
Antero Resources Beats $1,000-Per-Day Consultant's Overtime Suit
Drilling consultants who worked for Antero Resources Corp. aren't entitled to overtime pay under the Fair Labor Standards Act because they were guaranteed at least $1,000 a day and were therefore highly-compensated employees exempt from the law, a federal court in Colorado said.
The FLSA requires employees be paid overtime for each hour they work over 40 hours in a given week, but highly-compensated employees are exempt from that requirement. Federal regulations define highly-compensated employees as those who are paid at least $455 a week on a salary basis.
Independent Contractor Or Employee?
Determining whether an individual providing services for a company is an independent contractor or employee can be confusing to business owners. Employees are eligible for many rights, benefits, and employment law protections that are not available to independent contractors (“ICs”). There can be serious state and federal penalties for businesses that get the classification wrong.
Entrepreneurial individuals who want the freedom to establish their own business, on their own terms, and to work for themselves can also be impacted by these changes.
FBI Language Specialists Sue Feds For Back Pay In OT Suit - Law360
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Nebraska Bank Hit With OT Suit Over Bonus Calculations - Law360
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Centene OT Pay Rate Ignored Worker Bonuses, Suit Says - Law360
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Texas Insurance Sellers Are Employees, Magistrate Says - Law360
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5th Circuit Addressing FLSA Day-Rate Issues
Most employers know the Fair Labor Standards Act ("FLSA") requires employees to be paid time-and-one-half for all hours worked over 40 in a workweek unless an exemption applies. But what some employers don't realize is, for the most-commonly-used overtime exemptions to apply, employees must not only satisfy various "duties" tests, but they must also be paid on a "salary basis" at not less than $684 per week.
Clearly, paying employees on an hourly basis does not satisfy the salary basis test. But what about paying employees a day-rate? Although it is common in various industries to pay certain employees a day-rate for their work (oil and gas, we're talking to you!), employers have increasingly been forced to defend FLSA collective action lawsuits brought by employees paid on a day-rate basis without receiving overtime pay for hours over 40 in a workweek.
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