Monday, June 14, 2021

Farmworker overtime would end racist pay gap, lawmakers and activists say | Pennsylvania

Oregon state Rep. Ricki Ruiz grew up the son of two farmworkers, and he remembers his family's struggles vividly.

"We almost faced eviction five times because we didn’t have enough money for rent," said Ruiz, a first-term Democrat. "We didn’t go to the grocery store; we went to the food bank. We didn't have extra clothes."

Ruiz hopes to change that situation for farmworkers in Oregon. He sponsored a bill that will mandate that farmworkers be paid overtime for any work beyond 40 hours a week.

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Publisher: Pennsylvania Capital-Star
Date: 2021-06-14T10:30:52 00:00
Twitter: @penncapitalstar
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Ninth Circuit Clarifies Requirements On Retroactive Overtime Pay Adjustments For Bonuses -

Bonuses and their impact on an employee's "regular rate of pay" have long been a proverbial thorn in the side of California employers. The nondiscretionary nature of most bonuses (even those bonuses employers attempt to characterize as "discretionary") makes them part of a non-exempt employee's regular rate of pay for purposes of determining the appropriate overtime rate. Cal. Labor Code § 226 requires all hourly rates of pay to be reflected in employees' pay statements.

A recent decision from the Ninth Circuit Court of Appeals offered some clarity. In Magadia v. Wal-Mart Associates, Inc. , No. 19-16184 (9th Cir. May 28, 2021), the Court addressed performance-based quarterly bonus payments and subsequent overtime adjustment pay, and how such payments must be reflected on employees' pay statements.

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Farmworker Overtime Would End Racist Pay Gap Lawmakers Say | The Pew Charitable Trusts

Oregon state Rep. Ricki Ruiz grew up the son of two farmworkers, and he remembers his family’s struggles vividly.

“We almost faced eviction five times because we didn't have enough money for rent,” said Ruiz, a first-term Democrat. “We didn't go to the grocery store; we went to the food bank. We didn’t have extra clothes.”

Ruiz hopes to change that situation for farmworkers in Oregon. He sponsored a bill that will mandate that farmworkers be paid overtime for any work beyond 40 hours a week.

Twitter: @pewtrusts
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Overtime for agricultural workers will end the racist wage gap, lawmakers and activists say -

Oregon Legislature Ricky Luis grew up as the son of two farmers and vividly remembers the hardships of his family.

“We faced almost five evictions because we didn’t have enough money in our rent,” said First Democrat Lewis. “We didn’t go to the grocery store. We went to the food bank. We didn’t have any extra clothes.”

Lewis wants to change that for Oregon’s agricultural workers. He sponsored a bill requiring agricultural workers to pay overtime for more than 40 hours of work per week.

Publisher: Pennsylvania News Today
Date: 2021-06-14T10:39:08 00:00
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Firefighter overtime changes ordered held for study

"For the General Assembly to just arbitrarily wave the wand and say you can do this and the cities and towns have to figure out how to pay for it, is wrong," said Warwick's Ward 5 Councilman Edgar Ladouceur. "It's ridiculous. That doesn't make any sense in the real world."

A Hummel Report investigation, published last month in The Providence Sunday Journal, found that the mandate is costing Warwick taxpayers close to half a million dollars annually.

Publisher: The Providence Journal
Author: Jim Hummel
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Federal workers sue US government for failing to pay up to $10,000 in overtime per person:

Nearly 100 federal criminal investigators are suing the United States government for allegedly cheating each person out of between $5,000 to $10,000 in overtime pay for extra hours spent fulfilling training requirements, and the number of complainants is expected to grow exponentially, according to court papers and information released this week.

As of Tuesday, 99 federal criminal investigators had signed on to a lawsuit arguing they have not been paid the overtime compensation they are owed for their time attending "sixth-day" training programs through the Federal Law Enforcement Training Center. The suit was filed in the U.S. Court of Federal Claims on Tuesday against the federal government, and seeks class-action status, law firm McGillivary Steele Elkin LLP announced.

Publisher: Fox News
Date: 2021-06-10
Twitter: @foxnews
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PAGA Action Fails and Walmart Prevails: the Ninth Circuit Reverses $102 Million Award and Holds
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Teachers protest at CSC to demand overtime pay | The Manila Times

THE Alliance of Concerned Teachers (ACT) on Thursday held a "lunchtime protest" at the Civil Service Commission (CSC) to demand overtime compensation and service credits as teachers continue to render services as the school year 2020-2021 was extended because of the pandemic.

Teachers have started working since June 1 last year in preparation for the school year 2020-2021. On Friday, June 11, they marked the 50th day of serving additional workdays for the extended school year.

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Publisher: The Manila Times
Date: 2021-06-12 00:25:43
Author: Kaithreen Cruz
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3 compliance issues to revisit in light of hybrid work | HR Dive

Communication, updated policies and documentation are key, said Michael Schmidt, labor and employment attorney with Cozen O'Connor.

While organizations may be ready to take the step to full-time remote or hybrid work post-pandemic, company leaders need to carefully consider how to ensure they're meeting compliance requirements.

"The biggest risks and claims arise from those issues where oversight and control are diminished because the employee is no longer in the physical office," Michael Schmidt, labor and employment attorney with Cozen O'Connor, told HR Dive. With reduced oversight, employees may feel freer to flout rules or less empowered to make leadership aware of ongoing issues. Schmidt expanded on some of the primary compliance snags on his mind — and how to address them — below.

Publisher: HR Dive
Date: 2021-06-14
Author: Emilie Shumway
Twitter: @hrdive
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Colorado agricultural workers will get expanded rights, more pay. Here are the details.

Senate Bill 87 drew significant opposition from Republican lawmakers and the agriculture industry, but Democrats say it addresses decades of inequity

Colorado lawmakers have approved a major expansion of labor rights for the state's nearly 40,000 agricultural workers through a measure Gov. Jared Polis appears eager to sign.

Colorado's Labor Peace Act currently exempts agricultural workers from job protections, such as collective bargaining, available to workers in other industries. By eliminating that exemption, Senate Bill 87 would open the door for agricultural workers to organize and join labor unions, engage in collective bargaining, and hold strikes.

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Publisher: The Colorado Sun
Date: 2021-06-11T09:51:00 00:00
Twitter: @coloradosun
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