Overtime and Compensatory Time Updated: June 2021 Federal and State Law
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Managing Wage and Hour Risks in a Digitally Connected World
A Matter of Time: Managing Wage and Hour Risks in a Digitally Connected World Prepared by Jeffrey Brecher Jackson Lewis P.C. (631) 247-4652 | [email protected] Eric Magnus Jackson Lewis P.C. (404) 586-1820 | [email protected] This paper is meant to provide information of a general and educational nature and does not constitute legal advice or create an attorney-client relationship. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. The views expressed in this paper are solely those of the authors and do not necessarily represent the views of their firm or its principals or clients. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis. ©2017 Jackson Lewis P.C. This paper is scheduled to be published in the June 2017 edition of the Journal of Internet Law, produced by Aspen Publishing. The authors would like to thank Jackson Lewis Associate, Roberto Concepcion, for his assistance with the preparation of this paper. 1 I. Introduction Many people are addicted to their phones. They check them constantly throughout the day (sometimes every few minutes) to determine whether a new e-mail or text message has been sent or a new item posted on Facebook, Instagram, Snapchat, and the myriad other social media applications that exist. To ensure immediate notification of incoming mail, users can also set their phone to provide an audio notification when a new e-mail, voicemail, or text message has arrived, and select from hundreds of tones to announce the message—whether a “chime,“ “ding,” or “swoosh.” But some of those addicts checking their phones are employees, and they are checking their phones for work related e-mail and messages. -
Labour Standards and Economic Integration
Chapter 4 LABOUR STANDARDS AND ECONOMIC INTEGRATION A, INTRODUCTION AND MAIN FINDINGS the establishment of a “social clause” in the GATT. Then there is thc vicw that labour standards are a poten- tial determinant of economic efficiency [Sengenberger Over the last decade, the process of creating and (1991); Castro et al. (‘I 992j1, Without international stand- enlarging regional trading areas (RTAs j has gathered ards, firms will compete by offering poor working condi- momentum. The EC Single Market, European Free Trade tions. The imposition of a floor to wages and employ- Agreement (EFTA) and North America Free Trade ment protection legislation, it is argued, will create a Agreement (NAFTA) are important examples of RTAs in stable labour relations framework conducive to improved the OECD area. The membership of these RTAs includes human capital and higher real incomes, and thereby boost countries with different levels of economic development world trade. Thus, the establishment of certain labour and with different labour standards. The issue arises as to standards would be justified un long-term efficiency whether some degree of harmonization of labour stand- grounds. A third group argues that, on the contrary, ards is called for, so as to prevent trade liberalisation exogenously imposed labour standards may produce det- stemming from economic integration from eroding work- iimental output and trade effects [Fields (1990)l. Accord- ing conditions, Governments and firms may indeed be ing to this vicw, working conditions should improve tcinptcd to put pressure on working conditions and social hand in hand with economic development and so policy- protection in an effort to improve competitiveness in makers should focus on outcomes rather than on the world markets, generating what has been called “social regulations and institutional arrangements governing dumping”. -
Anti-Slavery International Submission to the UN Special Rapporteur on Contemporary Forms of Slavery, Including Its Causes and Consequences
May 2018 Anti-Slavery International submission to the UN Special Rapporteur on contemporary forms of slavery, including its causes and consequences Questionnaire for NGOs and other stakeholders on domestic servitude Question 1 Please provide information on your organisation and its work with migrant domestic workers who became victims of contemporary forms of slavery, including the countries in which you work on this issue. Anti-Slavery International, founded in 1839, is committed to eradicating all forms of slavery throughout the world including forced labour, bonded labour, trafficking of human beings, descent-based slavery, forced marriage and the worst forms of child labour. Anti-Slavery International works at the local, national and international levels to eradicate slavery. We work closely with local partner organisations, directly supporting people affected by slavery to claim their rights and take control of their lives. Our current approaches include enabling people to leave slavery, through exemplar frontline projects with partner agencies; helping people to recover from slavery, with frontline work ensuring people make lasting successful lives now free from slavery; supporting the empowerment of people to be better protected from slavery; and using this knowledge base to inform, influence and inspire change through advocacy and lobbying within countries for legislation, policy and practice that prevent and eradicates slavery; international policy work and campaigning; and raising the profile and understanding of slavery through media work and supporter campaigns. We have projects across four continents. While the number of projects and the individual countries covered by projects varies at any one time, our current and/or recent work includes the United Kingdom, Peru, Mali, Mauritania, Niger, Senegal, Tanzania, Bangladesh, India, Nepal, Lebanon, Turkmenistan, Uzbekistan and Vietnam. -
ILO Monitor: COVID-19 and the World of Work. Sixth Edition Updated Estimates and Analysis
� ILO Monitor: COVID-19 and the world of work. Sixth edition Updated estimates and analysis 23 September 2020 Key messages Latest labour market developments � The latest data confirm that working-hour losses are reflected in higher levels of unemployment and Workplace closures inactivity, with inactivity increasing to a greater � At 94 per cent, the overall share of workers residing extent than unemployment. Rising inactivity in countries with workplace closures of some sort is a notable feature of the current job crisis remains high. The share of workers in countries calling for strong policy attention. The decline in with required closures for all but essential employment numbers has generally been greater workplaces across the entire economy or in for women than for men. targeted areas is still significant, though there are large regional variations. Among upper- Labour income losses middle-income countries, around 70 per cent of � workers continue to live in countries with such These high working-hour losses have translated strict lockdown measures in place (whether into substantial losses in labour income. nationwide or in specific geographical areas), while Estimates of labour income losses (before taking in low-income countries, the earlier strict measures into account income support measures) suggest have been relaxed considerably, despite increasing a global decline of 10.7 per cent during the first numbers of COVID-19 cases. three quarters of 2020 (compared with the corresponding period in 2019), which amounts Working-hour losses: Again higher to US$3.5 trillion, or 5.5 per cent of global gross domestic product (GDP) for the first three quarters than previously estimated of 2019. -
Self-Employment in a Changing World of Work Decent Work for All Through Building Collective Power
SELF-EMPLOYMENT IN A CHANGING WORLD OF WORK DECENT WORK FOR ALL THROUGH BUILDING COLLECTIVE POWER Final report Johannes Anttila, Julia Jousilahti, Niko Kinnunen and Johannes Koponen May 2020 "This report has been commissioned by UNI Europa and written by Demos Helsinki in the framework of the EU project “Shaping the future of work in a digitalised services industry through social dialogue”. Graphic Design by Vertigo Creative Studio "This project receives support from the European Commission. This publication reflects the views of the authors only and the Commission cannot be held responsible for any use which may be made of the information contained therein." TABLE OF CONTENTS CHAPTER 1 Changing rules in a changing world of work – unions showing the way ���������������������������6 CHAPTER 2 Self-employment in focus: conditions, challenges and possibilities for collective power ��9 Classifying the Self-Employed ��������������������������������������������������������������������������������������������������������������������������10 The self-employed in the European workforce �����������������������������������������������������������������������������������������������12 The collective power of the self-employed in practice ����������������������������������������������������������������������������������13 Biggest challenges of the self-employed ��������������������������������������������������������������������������������������������������������15 CHAPTER 3 Learning from each other –building collective power to guarantee decent work -
Gender Pay Gaps
Equality and Human Rights Commission Briefing paper 2 Gender pay gaps David Perfect Gender pay gaps David Perfect, Equality and Human Rights Commission © Equality and Human Rights Commission 2011 First published Spring 2011 ISBN 978 1 84206 351 4 Equality and Human Rights Commission Research The Equality and Human Rights Commission publishes research carried out for the Commission by commissioned researchers and by the Research Team. The views expressed in this report do not necessarily represent the views of the Commission. The Commission is publishing the report as a contribution to discussion and debate. Please contact the Research Team for further information about other Commission research reports, or visit our website: Research Team Equality and Human Rights Commission Arndale House The Arndale Centre Manchester M4 3AQ Email: [email protected] Telephone: 0161 829 8500 Website: www.equalityhumanrights.com You can download a copy of this report as a PDF from our website: http://www.equalityhumanrights.com/ If you require this publication in an alternative format, please contact the Communications Team to discuss your needs at: [email protected] Key findings Men working full-time continue to have higher average (mean) hourly, weekly and annual earnings than women. Across the United Kingdom, the mean full-time gender pay gap (the difference in percentage terms between the average earnings of women and men working full-time) in 2010 was 15.5 per cent for hourly earnings excluding overtime and 21.5 per cent for gross weekly earnings. The gap was wider in weekly than hourly earnings, since men tend to work longer weekly hours than women and are also more likely to receive additional payments, such as overtime. -
Overtime Procedure 5320 P3 9.12.17
Provo City School District Policy Series 5000: Personnel 5320 P3 Compensation and Benefits: Overtime Compensatory Time Compensatory (Comp) time off in lieu of overtime pay is not permitted. (See Flex Time Procedure 5320 P5) ESP Overtime Work The Provo City School District determines the working hours and shift schedule for all non-exempt employees. The workweek for employees will be Sunday through Saturday and no more than forty (40) hours per week, except in unusual circumstances or during seasonal overloads. Except when life, limb or property is at risk, overtime requires the prior written approval (email) of the employee’s supervisor. All overtime must be submitted in the pay period earned with the written request to and approval by the Supervisor. Supervisors will coordinate with employees to schedule assigned work within allotted time when possible. a. Non-exempt employees required to work over forty (40) hours in the same week shall be paid one and one-half (1.5) times their hourly rate for each hour over forty (40). b. Off-duty, non-exempt employees who are called in to work shall be given a minimum of one (1) hour of pay. If the work hours exceed the forty (40) hour per week maximum, the employee will be paid at the overtime rate. c. Non-exempt, contracted employees required to work days beyond those specified on their contract will be compensated at their appropriate daily rate. Licensed Overtime Work Professional teachers, as exempt employees, are expected to work the number of hours to successfully complete their job assignments. Teachers’ professional salaries are calculated based upon a forty-hour work week. -
Paid Time Off/Paid Parental Leave Programs & Practices
Paid Time Off/Paid Parental Leave Programs & Practices WorldatWork, with underwriting support from PTO Inc., conducted a survey to gauge the prevalence of paid time off programs and to better understand the practices of organizations with either PTO bank-type or traditional programs (e.g., vacation time, sick time, personal days), as well as the use of paid parental leave programs that provide paid time off to new-parent employees, separate from other paid time-off programs (PTO, vacation, sick, etc.). ©2019 WorldatWork All rights reserved. Definitions ✓Paid time off: used as a general term referring to leave granted under a traditional program where vacation, sick, personal, etc. are granted and taken separately. ✓PTO: used to refer to time granted under a PTO bank program where vacation, sick, personal, etc. are undifferentiated. ✓Paid parental leave: paid time off to new- parent employees, separate from other paid time off programs (PTO, vacation, sick, etc.). 2 ©2019 WorldatWork All rights reserved. Executive Summary • The prevalence of traditional paid time off and PTO bank-type programs are holding steady. • Organizations vary in their approach to paying for unused paid time off when an employee terminates but paying for unused PTO bank time and/or unused vacation time is the most common approach. • One in five employees loses at least some time at organizations with “use it or lose it” policies, meaning that if the goal was to encourage employees to take as much time as possible to rest and recharge, some change to messaging, culture or approach to time off is needed. • One in four employers are allowing employees to redirect unused paid time off to causes that are important to them. -
The Fair Labor Standards Act of 1938, As Amended
The Fair LaboR Standards Act Of 1938, As Amended U.S. DepaRtment of LaboR Wage and Hour Division WH Publication 1318 Revised May 2011 material contained in this publication is in the public domain and may be reproduced fully or partially, without permission of the Federal Government. Source credit is requested but not required. Permission is required only to reproduce any copyrighted material contained herein. This material may be contained in an alternative Format (Large Print, Braille, or Diskette), upon request by calling: (202) 693-0675. Toll-free help line: 1-866-187-9243 (1-866-4-USWAGE) TTY TDD* phone: 1-877-889-5627 *Telecommunications Device for the Deaf. Internet: www.wagehour.dol.gov The Fair Labor Standards Act of 1938, as amended 29 U.S.C. 201, et seq. To Provide for the establishment of fair labor standards in emPloyments in and affecting interstate commerce, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Fair Labor Standards Act of 1938”. § 201. Short title This chapter may be cited as the “Fair Labor Standards Act of 1938”. § 202. Congressional finding and declaration of Policy (a) The Congress finds that the existence, in industries engaged in commerce or in the Production of goods for commerce, of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers (1) causes commerce and the channels and instrumentalities of commerce to be used to sPread and Perpetuate such labor conditions among the workers of the several States; (2) burdens commerce and the free flow of goods in commerce; (3) constitutes an unfair method of competition in commerce; (4) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; and (5) interferes with the orderly and fair marketing of goods in commerce. -
The Effect of Overtime Regulations on Employment
RONALD L. OAXACA University of Arizona, USA, CEPS/INSTEAD, Luxembourg, PRESAGE, France, and IZA, Germany The effect of overtime regulations on employment There is no evidence that being strict with overtime hours and pay boosts employment—it could even lower it Keywords: overtime, wages, labor demand, employment ELEVATOR PITCH A shorter standard workweek boosts incentives Regulation of standard workweek hours and overtime for multiple job holding and undermines work sharing hours and pay can protect workers who might otherwise be Standard workweek (hours) Percent moonlighting required to work more than they would like to at the going rate. By discouraging the use of overtime, such regulation 48 44 can increase the standard hourly wage of some workers 40 and encourage work sharing that increases employment, with particular advantages for female workers. However, regulation of overtime raises employment costs, setting in motion economic forces that can limit, neutralize, or even reduce employment. And increasing the coverage of 7.6 overtime pay regulations has little effect on the share of 4.8 4.3 workers who work overtime or on weekly overtime hours per worker. Source: Based on data in [1]. KEY FINDINGS Pros Cons Regulation of standard workweek hours and Curbing overtime reduces employment of both overtime hours and pay can protect workers who skilled and unskilled workers. might otherwise be required to work more than they Overtime workers tend to be more skilled, so would like to at the going rate. unemployed and other workers are not satisfactory Shortening the legal standard workweek can substitutes for overtime workers. potentially raise employment, especially among Shortening the legal standard workweek increases women. -
Winning Wage Justice
JULY 2013 Winning Wage Justice: A Summary of Research on Wage and Hour Violations in the United States Wage theft – shortchanging workers of the wages they are owed – is becoming a defining trend of the 21st century labor market. It takes many forms for workers, including being paid less than the minimum wage or other agreed upon wage, working “off-the-clock” without pay, getting less than time-and-a half for overtime hours, having tips stolen, being misclassified as an “independent contractor” instead of an employee1 and underpaid, having illegal deductions taken out of paychecks, or simply not being paid at all. A growing body of research – national studies, industry and regionally-specific studies, and government reports – documents a broad and worsening wage theft crisis in the United States. These studies show that far from being incidental or rare, wage theft takes place in industries that span the economy, including retail, restaurant and grocery stores; caregiver industries such as home health care and domestic work; blue collar industries such as manufacturing, construction and wholesalers; building services such as janitorial and security and personal services such as dry cleaning and laundry, car washes, and beauty and nail salons. Below, we summarize this expanding body of research, focusing on reports that use various survey-based methodologies to document wage and hour violations experienced by low-wage workers in industries and regions across the country. Although this review focuses primarily on survey-based research, we also highlight key 1 There are many reports analyzing the prevalence of the misclassification of “employees” as independent contractors, and the impact this illegal practice has not just on workers, but on the public coffers. -
Employee Handbook
City School District of Albany EMPLOYEE HANDBOOK Office of Human Resources – Revised June 2015, Logo/Mission Edit 2019 CITY SCHOOL DISTRICT OF ALBANY EMPLOYEE HANDBOOK I. Mission ...................................................................................................................................... 1 II. Overview .................................................................................................................................... 1 III. Definitions .................................................................................................................................. 2 IV. Purpose of Employee Handbook ................................................................................................. 2 V. The Americans with Disabilities Act Policy .................................................................................. 2 VI. Affirmative Action and Equal Employment Opportunity ............................................................. 3 A. Affirmative Action .................................................................................................................. 3 B. Equal Employment Opportunity Policy .................................................................................... 3 C. BOE Policy 0100 ‐ Anti‐Discrimination & Equal Employment Opportunity ............................... 3 D. Fair Treatment Policy ............................................................................................................. 4 VII. Sexual Harassment and Bullying Prevention ..............................................................................