Tuesday, May 11, 2021

VA Overtime Law Threatens Employer Damages

Following the flood of employee-friendly legislation during the Virginia General Assembly's 2020 session, which included a significantly strengthened wage payment law that we previously discussed , the 2021 session resulted in the passage of yet another new wage-related law that employers need to be aware of. This new law – the "Virginia Overtime Wage Act" – goes into effect on July 1, 2021 and will usher in the first overtime pay requirement in Virginia's history.

The new Virginia overtime law largely mirrors the federal Fair Labor Standards Act's (FLSA) overtime requirement and its mandate that an employer pay non-exempt employees one and one half times their regular rate of pay for hours worked in excess of 40 in any workweek. The new law relies on similar exemptions, and it also borrows from the FLSA by permitting employees to pursue collective actions for overtime violations.

Publisher: The National Law Review
Date: 5493B547C0AB527FF4CF8C4D0127302A
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Virginia Enacts Expansive New Overtime Law | Morgan Lewis - JDSupra

The Virginia Overtime Wage Act imposes a state law obligation to pay overtime and expands upon the federal Fair Labor Standards Act in several important areas.

Virginia Governor Ralph Northam recently signed into law the Virginia Overtime Wage Act (the Act), which becomes effective on July 1, 2021. Prior to the Act’s passage, Virginia did not have a state law governing overtime payments, and employees were left to rely solely on the federal Fair Labor Standards Act (FLSA).

Publisher: JD Supra
Twitter: @jdsupra
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How to Manage Employee Attendance (With Templates) - businessnewsdaily.com

Although remote work is on the rise, not every job can be done from afar – and even those that can often demand firm employee schedules. To keep your employees in line with these schedules, you'll need to manage employee attendance remotely for your whole team of full-timers, part-timers, hourly employees and salaried professionals. There are many moving parts involved, but with a few simple tips, you can monitor your employees' time and attendance with ease.

Editor's note: Looking for the right time and attendance systems for your business? Fill out the below questionnaire to have our vendor partners contact you about your needs.

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Publisher: Business News Daily
Twitter: @BNDarticles
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Official: Town of Greenwich overpaid for overtime to 129 union employees

A new labor contract between the town and the GMEA union was not properly applied to all of town payroll, causing some members to receive more overtime than they should have. Repayment is expected to start next month.

GREENWICH — The town of Greenwich accidentally overpaid some of its employees to the tune of $10,000 after overtime rules in a new union contract prompted an error in its payroll system.

According to town Director of Human Resources Mary Pepe, the problem affected 129 members of the Greenwich Municipal Employees Association labor union, most of whom work for the Board of Education, from Dec. 24 and Feb. 13. The total overpayment was nearly $10,000 total, with employees receiving differing extra amounts.

Publisher: GreenwichTime
Date: 2021-05-10 21:00:00
Author: By Ken Borsuk
Twitter: @GreenwichTime
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Publisher: GoLocalProv
Date: 2021-05-10T02:20:00-04:00
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Putnam's top earners: Health commissioner, D.A. top 2020 pay list

The response to the COVID-19 pandemic drove overtime costs of the Putnam County health department to four times the amount over the previous year, according to the county finance department.

While its overtime costs soared, the rest of the county's departments collectively dropped in 2020, according to the county.

That stark jump led to three county health officials being among the 10 highest paid in 2020, a spot usually reserved for department heads, elected leaders and law enforcement.

Publisher: The Journal News
Author: David Propper and Mark Lungariello
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What is Time Clock Rounding? - businessnewsdaily.com

While having an employee who adds a few minutes to their timesheet each day might not seem like a huge deal, it can have a big impact on your bottom line. For example, if an employee adds five minutes of extra time to their sheet each day, you will pay them for more than 20 hours of unpaid work. According to the American Society of Employers, 20% of all employer revenue is lost to employee time theft .

Time clock rounding is the rounding up or down of an employee's hours worked. For example, if an employee clocks in at 9:02 a.m. and clocks out at 4:59 p.m., you might round their start time to 9 a.m. and their end time to 5 p.m. Many employers do so without ever realizing that time clock rounding is a formal concept with legal ramifications.

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Publisher: Business News Daily
Twitter: @BNDarticles
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Why Not Just Make Everybody Hourly? | Epstein Becker & Green - JDSupra

For more than 80 years, federal law has provided a general right to premium pay for working overtime hours, originally just for covered employees, then later for employees of covered enterprises.  The laws of more than 30 states contain a comparable requirement, though in some instances differing in the particulars.

A separate set of disputes has arisen during that same time period regarding whether employers have correctly paid overtime premiums to their salaried non-exempt employees.

Publisher: JD Supra
Twitter: @jdsupra
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Biden Administration Rescinds Employer-Friendly Independent Contractor Test | Ballard Spahr LLP -

On May 6, 2021, the Department of Labor (“DOL”) issued a final rule, effective immediately, withdrawing a pro-business independent contractor rule that would have made it easier for businesses to classify workers as independent contractors, rather than as employees who are entitled to minimum wage and overtime pay under the Fair Labor Standards Act.

According to Jessica Looman, the DOL’s principal deputy administrator for the Wage and Hour Division, “Misclassification of employees as independent contractors presents one of the most serious problems facing workers today.”  Labor Secretary Marty Walsh further explained that withdrawal of the rule will help “preserve essential worker rights and stop the erosion of worker protections that would have occurred had the rule gone into effect.

Publisher: JD Supra
Twitter: @jdsupra
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How companies rip off poor employees — and get away with it | News, Sports, Jobs - Williamsport

Already battered by long shifts and high infection rates, essential workers struggling through the pandemic face another hazard of hard times: employers who steal their wages.

When a recession hits, U.S. companies are more likely to stiff their lowest-wage workers. These businesses often pay less than the minimum wage, make employees work off the clock, or refuse to pay overtime rates. In the most egregious cases, bosses don’t pay their employees at all.

Publisher: sungazette.com
Twitter: @wmsptsungazette
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