Proposed overtime rules from the U.S. Department of Labor have reportedly been sent for review to the Office of Information and Regulatory Affairs. The labor department designed the rules to replace the regulations that were meant to take effect on December 1, 2016, but were instead declared invalid by a federal district court in Texas.
Some on-call Texas employees may be eligible for overtime pay even if they do not work throughout the entire on-call shift. In an Ohio case, a court ruled that a nurse who was on call every other weekend should have been paid overtime because of the lack of personal time the work allowed her.
After much discussion and debate in Texas and across the country, the Department of Labor announced that it would pursue a new rulemaking proposal related to overtime pay in March 2019. The Fair Labor Standards Act (FLSA) notes that exempt workers, who are also defined by their managerial, professional or independent responsibilities, do not need to be paid overtime for hours worked in excess of 40 each week. However, the standards for what constitutes an exempt worker are often exploited by employers who classify low-earning wage workers as exempt from overtime pay.
Texas employees may be interested in a Third Circuit ruling that said employees must be paid for breaks of up to 20 minutes. The ruling came in a case involving employees from Progressive Business Publications. In the lawsuit, the employees claimed that PBP did not pay workers if they were logged off of their computers for more than 90 seconds. The company said it was part of a flexible break policy that allowed workers to leave their work areas whenever they wanted to.
When your boss asks you to stay later than your scheduled hours, you likely appreciate the opportunity to earn a little extra money. Every little bit helps, and if you stay late often enough, you may even qualify for overtime pay. However, what happens if your boss asks you to stay after you have already clocked out?
In theory, Texas employers and others are supposed to pay individuals equally for performing equal work. However, 55 years after the Equal Pay Act was passed, women still generally make less than men for performing the same jobs. On average, a white woman makes 79 cents per dollar earned by a white male. A black woman makes 63 cents for every dollar a white male makes.
On Feb. 13, workers in seven cities lobbied for higher wages for restaurant workers on the grounds that this would reduce incidents of sexual harassment in their workplaces. According to the president of the Restaurant Opportunities Centers United, the federal minimum wage of $2.13 per hour combined with workers' dependence on tips leaves them more vulnerable to harassment from both customers and other workers. Texas is one of the states in which this remains the minimum wage for restaurant workers.
Generally speaking, Texas employers must pay workers equally for doing equal work. Vice Media, the national digital media giant, is facing a lawsuit from a former employee who claims that the company consistently paid female workers less than male workers. The suit also claims that these actions violated the Federal Equal Pay Act and similar laws in New York and California. The woman worked as a manager for the company for 12 years until 2016.
You work hard in order to obtain a living wage. The money you make undoubtedly goes toward making many necessary purchases to meet your daily needs and the needs of your family. Though you may not work in your ideal profession, you probably still appreciate the paycheck that you receive. Unfortunately, you may notice that your paychecks are not always correct.
Laws regarding overtime pay are more complex than they might appear. The first step in examining a question concerning overtime is determining whether the worker is exempt or non-exempt. An employee is deemed "exempt" when they are excluded from receiving overtime pay for working in excess of 40 hours per week. In other words, they are "exempt" from the rules of the Fair Labor Standards Act. A worker who is required to get overtime pay for working more than 40 hours per week is not exempt from the FLSA.