Friday, June 4, 2021

Arizona AG sues former sheriff over overtime pay scheme » Albuquerque Journal

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The civil lawsuit relies on an April 29 report from the Arizona Auditor General that documented how Estrada and his former top aide allowed deputies who were given extra duties like acting as a training officers to claim an hour of overtime for each shift they worked as compensation. The county Board of Supervisors did not allow Estrada to provide the extra pay.

Author: Bob Christie Associated Press
Twitter: @abqjournal
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Unpaid vacation and overtime pay class actions on the rise | HRD Canada

Employers continue to be exposed to significant financial and reputational risk for failing to comply with minimum employment standards legislation relating to vacation and overtime pay.

A former investment advisor of RBC has commenced a representative class action law suit against RBC, alleging that it failed to properly calculate the vacation pay entitlement for thousands of current and former investment advisors in accordance with applicable employment standards legislation. The class action spans a period of 16 years and involves a claim of $800 million in unpaid vacation.

Twitter: @HRD_Canada
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DOL orders contractor to pay $500k in overtime pay – Long Island Business News

By: Adina Genn June 2, 2021 Comments Off on DOL orders contractor to pay $500k in overtime pay

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Publisher: Long Island Business News
Date: 2021-06-02T13:21:43Z
Author: Adina Genn
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Firefighters threaten Msunduzi with further legal action for overtime pay owed | Witness

The firefighters won a court challenge to get paid double the normal hourly rate for working on Sundays, but the City is yet to pay the money due to the firefighters.

Publisher: Witness
Date: 2021-06-04T04:05:37.893Z
Author: Siyamtanda Capa
Twitter: @witness
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Missouri Supreme Court says more work needed to determine how much DOC employees owed in overtime

JEFFERSON CITY, Mo. — The Missouri Supreme Court sent a lawsuit leveled against the Missouri Department of Corrections (DOC) back to the Cole County Circuit Court this week.

The original decision was handed down by Cole County Circuit Court Presiding Judge Pat Joyce in 2018. DOC appealed the decision, and it was affirmed by the Western District Court of Appeals before the state took it to the high court.

The Supreme Court partially overturned the lower court's ruling: The decision upheld the verdict that those activities were compensable, but found the plaintiffs had failed to clearly establish the chronological order of their activities to determine what other tasks may be covered by the continuous workday rule.

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Publisher: The Missouri Times
Date: 2021-06-02T16:37:47 00:00
Twitter: @missouritimes
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Lessons from the Trenches: Don't play games with wage and hour laws - UPSTATE BUSINESS

One of the most common violations of the law I have seen is in the area of wage and hour laws. Some people don't know they're breaking the law and others have told me that they know they are breaking the law but they are taking their chances on getting caught. One of the most common violations I see is paying a salary to employees to avoid paying overtime.

What are the rules for paying people salary (exempt) versus hourly (non-exempt)? Exempt employees meet one or more of the following three criteria:

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Publisher: UPSTATE BUSINESS JOURNAL
Date: 2021-06-03T16:00:37 00:00
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Uber Critic David Weil Tapped for Second Stint as DOL Wage Chief

The Biden administration will nominate David Weil for a return to his Obama-era post as the U.S. Labor Department's wage-hour chief, the nation's top enforcer of minimum pay and overtime laws, a White House official confirmed to Bloomberg Law.

A formal announcement of President Joe Biden 's intent to nominate Weil will be made later Thursday, the official said.

Weil, who has supported government crackdowns on the workforce models of Uber Technologies Inc. and other gig-economy companies, led the Wage and Hour Division from 2014 through early 2017. If confirmed, he would regain control of the division—one of the Labor Department's most important enforcement agencies—at a critical juncture in the raging legal debate over when workers can be labeled as independent contractors.

Twitter: @tax
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Ninth Circuit Restricts Scope of PAGA Claims in Federal Court and Clarifies California Wage

Plaintiff Roderick Magadia brought a class and representative PAGA action against Walmart alleging that Walmart did not provide accurate pay rate information on its wage statements, failed to furnish the pay-period dates with his last paycheck, and did not pay adequate compensation for missed meal breaks.

The district court ultimately awarded Magadia nearly $102 million for the three claims: $96 million for the adjusted-overtime-rate claim, $5.8 million in PAGA penalties for the final-wage-statement claim, and $70,000 in PAGA penalties for the meal-break claim. 

Publisher: JD Supra
Twitter: @jdsupra
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Pay Stubs Needn't Distinguish OT Rates, Calif. Panel Says - Law360

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Twitter: @law360
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'It's just not reasonable': Federal fire crews struggle to keep stations staffed

They are some of the most experienced and elite firefighters in the country, and in California, they are also the lowest paid.

Entry-level federal firefighters start at $13.45 an hour, $1.55 less than the state's minimum wage.

The USDA Forest Service also recognized that as wildfires continue to ravage the state, firefighters are working more overtime and may risk exceeding the pay cap.

Brown explained that this has resulted in understaffed and overworked federal fire departments, as firefighters leave for better-paying departments.

Publisher: KCRA
Date: 2021-06-03T02:28:00Z
Author: Kay Recede
Twitter: @kcranews
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