Showing posts sorted by relevance for query overtime. Sort by date Show all posts
Showing posts sorted by relevance for query overtime. Sort by date Show all posts
Friday, February 14, 2020
Restoring Overtime
Members of Make the Road New Jersey, the immigrant and workers’ rights organization, delivered 500 letters from New Jersey workers to Gov. Phil Murphy today, urging him to take action to restore overtime rights for thousands of New Jersey workers.
Saturday, December 27, 2014
Overtime bonanza at Port Authority; 13 officers set to make more than agency’s director
Wages in workers' compensation determine the rat of workers' compensation payments. Today's post is shared from northjersey.com/
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| Three years after New York State issued a scathing report criticizing what it characterized as excessive overtime at the Port Authority, 131 of the agency’s employees worked so much overtime in the first nine months of this year that they already more than doubled their annual base salaries. Thirteen agency police officers received more in salary, overtime and other payments in that period than did Executive Director Patrick Foye, whose annual salary is $289,000. Most of the top overtime earners are police officers, including one who has been averaging an estimated 100 hours of work a week this year, including 60 hours of overtime. That is the equivalent of working more than 14 hours a day, seven days a week. The top 10 overtime earners are averaging an estimated 46 extra hours each week, a workload that experts say raises questions about efficiency and public safety, and is quite high even in a profession where significant overtime is routine. The legislatures in both New Jersey and New York have passed identical bills that call for sweeping changes in the way the agency operates, but neither Governor Christie nor New York Gov. Andrew Cuomo has indicated whether he will sign the legislation. Cuomo faces a critical deadline: He must decide by Saturday. Christie must decide by mid-January. Both states... |
Saturday, October 23, 2010
Working Overtime Results in Compensation Heart Attack
Working overtime that resulted in a heart attack was deemed to be a compensable dependency claim.
"The compensation judge held that Anthony's overtime work contributed in a material way to his heart attack. In reaching that conclusion, the judge found that the work effort was more intense than the normal wear and tear of Anthony's daily living."
"The parties agree that the overtime work was more strenuous for Anthony than daily living tasks. Glen Gery required Anthony to change heavy paddles or blades that churned the water and shale. To access the blades, he was required to use a jackhammer to remove hardened material, each chunk weighing between thirty and forty pounds. Once the hardened material was removed, certain blades had to be replaced. To replace the blades, a shaft weighing approximately 200 pounds had to be lifted off the ground by at least two workers who were required to push, lift and pull until each new blade was secured. Anthony worked that day performing intense manual labor in a hot and dusty environment."
"Dr. Malcolm Hermele, petitioner's expert, opined that the heart attack occurred on the day Anthony worked overtime, and that his work effort contributed materially to it. Hermele pointed to the results of tests performed the day after Anthony worked overtime to prove when the heart attack occurred. A creatine kinase (CK) enzyme test showed a reading of 1453. A normal reading would be zero. He explained that the CK enzyme is released into the blood stream when there is damage to the heart. Anthony's troponim levels and the result of his brain natriuretic peptide test show that he was experiencing a heart attack. Hermele concluded that a 1453 reading was evidence that Anthony's heart attack occurred within a day or two of the test, during which Anthony performed the overtime maintenance work."
Reading v. Glen Gery Shale and Brick Company, Not Reported in A.3d, 2010 WL 4137298 (N.J.Super.A.D.)Decided October 21, 2010
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"The compensation judge held that Anthony's overtime work contributed in a material way to his heart attack. In reaching that conclusion, the judge found that the work effort was more intense than the normal wear and tear of Anthony's daily living."
"The parties agree that the overtime work was more strenuous for Anthony than daily living tasks. Glen Gery required Anthony to change heavy paddles or blades that churned the water and shale. To access the blades, he was required to use a jackhammer to remove hardened material, each chunk weighing between thirty and forty pounds. Once the hardened material was removed, certain blades had to be replaced. To replace the blades, a shaft weighing approximately 200 pounds had to be lifted off the ground by at least two workers who were required to push, lift and pull until each new blade was secured. Anthony worked that day performing intense manual labor in a hot and dusty environment."
"Dr. Malcolm Hermele, petitioner's expert, opined that the heart attack occurred on the day Anthony worked overtime, and that his work effort contributed materially to it. Hermele pointed to the results of tests performed the day after Anthony worked overtime to prove when the heart attack occurred. A creatine kinase (CK) enzyme test showed a reading of 1453. A normal reading would be zero. He explained that the CK enzyme is released into the blood stream when there is damage to the heart. Anthony's troponim levels and the result of his brain natriuretic peptide test show that he was experiencing a heart attack. Hermele concluded that a 1453 reading was evidence that Anthony's heart attack occurred within a day or two of the test, during which Anthony performed the overtime maintenance work."
Reading v. Glen Gery Shale and Brick Company, Not Reported in A.3d, 2010 WL 4137298 (N.J.Super.A.D.)Decided October 21, 2010
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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@
Thursday, January 14, 2021
NJ Supreme Court Rules Truck Drivers Entitled to Overtime Pay
Plaintiff Elmer Branch brought a putative class action against his employer, defendant Cream-O-Land Dairy, on behalf of himself and similarly situated truck drivers employed by defendant, for payment of overtime wages pursuant to the New Jersey Wage and Hour Law (WHL). In this appeal, the Court considers whether defendant could assert a defense to the action under N.J.S.A. 34:11-56a25.2 based on its good-faith reliance on certain determinations by employees of the Department of Labor and Workforce Development (Department) that defendant is a “trucking industry employer.”
Wednesday, May 19, 2010
Heart Disease Associated With Overtime Work
New studies just published establish the causal relationship of overtime work with an increased risk of heart disease resulting in a greater risk of cardiovascular death, nonfatal myocardial infarction and angina. Workers who put in just one or two extra hours a day did not appear to have an elevated risk of heart disease events, the researchers reported online in the European Heart Journal.
The study concludes that overtime work is related to increased risk of incident CHD independently of conventional risk factors. These findings suggest that overtime work adversely affects coronary health.
A major step towards liberalizing the Workers' Compensation Act relating to cardiovascular claims occurred in 1962 in the matter of Dwyer v. Ford Motor Co., 36 N.J. 487 (NJ 1962). Gerald E. Dwyer was 41 years of age and was employed at the Ford Motor Company for a period of seven (7) years doing factory laboring work. After several incidents of chest pain and numbness in his left hand requiring hospitalization, lost time, and medication, he returned to work to perform activities similar to those he had previously engaged in, including the movement of materials. In awarding Workers' Compensation benefits, the court indicated that the effort need not be a single incident, but may be a series of efforts which in combination, if related to the employment, result in a compensable event. The fact that the heart was seriously diseased prior to the fatal attack did not preclude the awarding of benefits because of the premise that the employer takes the employee as he is, with no standard of health required.
In Fiore v. Consolidated Freightways, Inc. 140 N.J. 452 (NJ 1995), the Supreme Court unanimously recognized that an occupational heart condition is compensable under the Workers' Compensation Act. While recognizing that diseases are complex and their causes multi-factoral, the court realized that experts can disagree on the relative roles of an occupational exposure and personal-risk factors in causing a coronary condition.
In an editorial title, "Overtime is Bad for the Heart," the European Heart Journal declares that the study will have major implication on employers who will have to reconsider the risks of overtime and compensable heart disease.
Tuesday, May 1, 2012
US Department of Labor recovers $4.83 million in back wages, damages for more than 4,500 Wal-Mart workers
Misapplied exemption resulted in pay violations; nearly $464,000 assessed in penalties
Wal-Mart Stores Inc., headquartered in Bentonville, Ark., has agreed to pay $4,828,442 in back wages and damages to more than 4,500 employees nationwide following an investigation by the U.S. Department of Labor's Wage and Hour Division that found violations of the federal Fair Labor Standards Act's overtime provisions. Additionally, Wal-Mart will pay $463,815 in civil money penalties.
The violations affected current and former vision center managers and asset protection coordinators at Wal-Mart Discount Stores, Wal-Mart Supercenters, Neighborhood Markets and Sam's Club warehouses. Wal-Mart failed to compensate these employees with overtime pay, considering them to be exempt from the FLSA's overtime requirements. The Labor Department's investigation found that the employees are nonexempt and consequently due overtime pay for any hours worked beyond 40 in a week.
"Misclassification of employees as exempt from FLSA coverage is a costly problem with adverse consequences for employees and corporations," said Secretary of Labor Hilda L. Solis. "Let this be a signal to other companies that when violations are found, the Labor Department will take appropriate action to ensure that workers receive the wages they have earned."
Under the terms of the settlement, Wal-Mart has agreed to pay all back wages the department determined are owed for the violations plus an equal amount in liquidated damages to the employees. The FLSA provides that employers who violate the law are, as a general rule, liable to employees for back wages and an equal amount in liquidated damages. The civil money penalties assessed stem from the repeat nature of the violations. Wal-Mart, which operates more than 3,900 establishments in the United States, corrected its classification practices for these workers in 2007, and negotiation over the back pay issues has been ongoing since that time. A third-party administrator will disburse the payments to the affected employees.
"Our department has been working with Wal-Mart for a long time to reach this agreement," said Nancy J. Leppink, deputy administrator of the Wage and Hour Division. "I am very pleased that staff in our Southwest region persevered, ensured these employees will be paid the back wages they are owed and brought this case to conclusion. Thanks to this resolution, thousands of employees will see money put back into their pockets that should have been there all along. The damages and penalties assessed in this case should put other employers on notice that they cannot avoid their obligations to their employees by inappropriately classifying their workers as exempt."
The FLSA provides an exemption from both minimum wage and overtime pay requirements for individuals employed in bona fide executive, administrative, professional and outside sales positions, as well as certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the department's regulations.
The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers also are required to maintain accurate time and payroll records.
Related articles
Thursday, September 18, 2014
Opinion: Employees getting shorted on pay
| Today's post is shared from cincinnati.com/ As the stock market, corporate profits and worker productivity have reached record highs, average employee compensation has reached record lows. But perhaps most troubling is the fact that American workers are getting robbed – literally – in the form of wage theft, or the illegal withholding or denial of compensation owed. Millions of workers each year are forced to work for less than minimum wage, do not receive overtime pay when they come in early or stay late, have illegal deductions taken out of their paychecks, or have their timesheets falsified. Tipped employees face additional challenges since tips can be stolen and because employers often do not make up the difference when tips fall below the minimum wage, as they are required to do. 12 moments in Cincy labor history Lawson: Ohioans have earned the right to work McLinden: Workers need to be part of recovery Wage theft also happens when workers are misclassified as independent contractors, who are not covered by overtime rules and do not receive overtime pay when they work more than 40 hours a week. While misclassification may not always be intentional, not having to pay overtime is a huge boon to employers and a significant loss of income for the misclassified worker. Truck drivers, home health aides and construction workers are often misclassified as exempt or independent... |
Saturday, June 18, 2022
NJ Landscaper Ordered by Federal Court to Pay $400K in Back Wages and Damages to 32 Workers.
A federal court has approved a consent judgment ordering a Succasunna landscaping company and its owner to pay $400,000 in back wages and damages after the U.S. Department of Labor found the employer denied 32 of its workers the overtime pay they earned.
Monday, September 1, 2014
More Workers Are Claiming ‘Wage Theft’
Today's post is shared from Steven Greenhouse at nytimes.com
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| Week after week, Guadalupe Rangel worked seven days straight, sometimes 11 hours a day, unloading dining room sets, trampolines, television stands and other imports from Asia that would soon be shipped to Walmart stores. Even though he often clocked 70 hours a week at the Schneider warehouse here, he was never paid time-and-a-half overtime, he said. And now, having joined a lawsuit involving hundreds of warehouse workers, Mr. Rangel stands to receive more than $20,000 in back pay as part of a recent $21 million legal settlement with Schneider, a national trucking company. “Sometimes I’d work 60, even 90 days in a row,” said Mr. Rangel, a soft-spoken immigrant from Mexico. “They never paid overtime.” The lawsuit is part of a flood of recent cases — brought in California and across the nation — that accuse employers of violating minimum wage and overtime laws, erasing work hours and wrongfully taking employees’ tips. Worker advocates call these practices “wage theft,” insisting it has become far too prevalent. Some federal and state officials agree. They assert that more companies are violating wage laws than ever before, pointing to the record number of enforcement actions they have pursued. They complain that more employers — perhaps motivated by fierce competition or a desire for higher profits — are flouting wage laws. Many business groups counter that government officials have... |
Wednesday, November 14, 2012
US DOL recovers back wages for student workers, fines companies for labor violations at warehouse
The U.S. Department of Labor has recovered more than $213,000 in back wages for 1,028 foreign students employed in summer jobs in Palmyra where they repackaged candies for promotional displays. The settlement with The SHS Group, LP, the Council for Educational Travel-USA, and Exel Inc. resolves federal minimum wage and overtime violations, and also resolves $143,000 in fines for safety and health violations found at an Exel-operated facility in Palmyra. The settlement also includes commitments by Exel to implement pro-active procedures to help ensure future FLSA and OSHA compliance at each of their over 300 facilities across the country.
The department's Wage and Hour Division investigation found violations of the minimum wage and overtime provisions of the Fair Labor Standards Act as a result of excessive housing costs charged to the foreign students employed at the Palmyra facility, which reduced their hourly wages below the amount they were required to be paid under the FLSA. Under the settlement agreement, the three companies have agreed to pay $213,042 in back wages to the foreign students who were participating in the State Department's Summer Work Travel program, which is designed to promote educational and cultural exchange. The SHS Group, LP, under a contract with Exel, hired and placed the students at the Palmyra work site. The Council for Educational Travel-USA acted as the students' sponsor in the program. The State Department has since terminated the Council for Education Travel-USA's designation as a program sponsor. In addition to recovering back wages for the foreign students, an additional civil money penalty was assessed against SHS for repeat violations of the FLSA.
As part of the FLSA settlement, Exel has agreed to implement a voluntary compliance program that provides enterprisewide relief at all its U.S. facilities to ensure compliance with the FLSA. The terms of the settlement require Exel to review each of its facilities' compliance with minimum wage, overtime and record-keeping provisions; train workplace managers and supervisors regarding minimum wage and overtime requirements; maintain a hotline for workers in the event they believe their FLSA rights have been violated; remedy any violations it finds or that are brought to its attention; require its third-party labor service providers to remedy violations it finds among those service providers; amend its standard labor service provider contracts to include FLSA compliance commitments; and maintain a log of all FLSA problems it finds or are brought to its attention for the next three years.
The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 per hour as well as time and one-half their regular rates for every hour they work beyond 40 per week. The law also requires employers to maintain accurate records of employees' wages, hours and other conditions of employment, and prohibits employers from retaliating against employees who exercise their rights under the law. For more information about the FLSA and other federal wage laws, call the Wage and Hour Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available athttp://www.dol.gov/whd/.
"We are pleased by the efforts Exel in particular will be making to ensure future compliance," said Nancy J. Leppink, deputy administrator of the department's Wage and Hour Division. "The decision of these companies to play by the rules is a positive step that will ensure that workers are treated fairly, as is legally required."
The Labor Department and Exel have also entered into a settlement agreement that resolves citations issued by the department's Occupational Safety and Health Administration for violations of OSHA's occupational noise exposure standard and record-keeping regulations. Exel has agreed to pay $143,000 in penalties. Exel will implement a site-specific record-keeping policy, a noise abatement plan and a hearing conservation program at the Palmyra facility. Exel will also implement revised polices that address noise exposure at all Exel production facilities and record-keeping policies at all facilities nationwide.
Additionally, Exel will revise its U.S. Corporate Wide Incentive Program to eliminate incentive payments based on the number of reported or recorded injuries and illnesses at a facility. This action is consistent with OSHA's current efforts to eliminate "bonus" plans that potentially incentivize nonreporting of injuries or illnesses.
"We are pleased that Exel has agreed to revamp its injury and illness record-keeping program and to change its incentive program," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "When workers don't feel free to report injuries or illnesses, the employer's entire workforce is put at risk. Exel's actions will positively impact the safety and health of its workers."
Exel has agreed to address occupational noise at all its production facilities nationwide. Exel will hire a qualified safety consultant who within 90 days will conduct an audit of the noise exposure levels in all production facilities and will submit to OSHA a noise abatement plan and a hearing conservation program that will be implemented at each production facility.
Exel has agreed to revise its record-keeping policy and for each facility will designate a permanent job position with ultimate authority for overseeing and reviewing record-keeping practices, and will provide record-keeping training to all employees with record-keeping responsibilities within 120 days.
Read more about "Wage & Hours" Issues
The department's Wage and Hour Division investigation found violations of the minimum wage and overtime provisions of the Fair Labor Standards Act as a result of excessive housing costs charged to the foreign students employed at the Palmyra facility, which reduced their hourly wages below the amount they were required to be paid under the FLSA. Under the settlement agreement, the three companies have agreed to pay $213,042 in back wages to the foreign students who were participating in the State Department's Summer Work Travel program, which is designed to promote educational and cultural exchange. The SHS Group, LP, under a contract with Exel, hired and placed the students at the Palmyra work site. The Council for Educational Travel-USA acted as the students' sponsor in the program. The State Department has since terminated the Council for Education Travel-USA's designation as a program sponsor. In addition to recovering back wages for the foreign students, an additional civil money penalty was assessed against SHS for repeat violations of the FLSA.
As part of the FLSA settlement, Exel has agreed to implement a voluntary compliance program that provides enterprisewide relief at all its U.S. facilities to ensure compliance with the FLSA. The terms of the settlement require Exel to review each of its facilities' compliance with minimum wage, overtime and record-keeping provisions; train workplace managers and supervisors regarding minimum wage and overtime requirements; maintain a hotline for workers in the event they believe their FLSA rights have been violated; remedy any violations it finds or that are brought to its attention; require its third-party labor service providers to remedy violations it finds among those service providers; amend its standard labor service provider contracts to include FLSA compliance commitments; and maintain a log of all FLSA problems it finds or are brought to its attention for the next three years.
The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 per hour as well as time and one-half their regular rates for every hour they work beyond 40 per week. The law also requires employers to maintain accurate records of employees' wages, hours and other conditions of employment, and prohibits employers from retaliating against employees who exercise their rights under the law. For more information about the FLSA and other federal wage laws, call the Wage and Hour Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available athttp://www.dol.gov/whd/.
"We are pleased by the efforts Exel in particular will be making to ensure future compliance," said Nancy J. Leppink, deputy administrator of the department's Wage and Hour Division. "The decision of these companies to play by the rules is a positive step that will ensure that workers are treated fairly, as is legally required."
The Labor Department and Exel have also entered into a settlement agreement that resolves citations issued by the department's Occupational Safety and Health Administration for violations of OSHA's occupational noise exposure standard and record-keeping regulations. Exel has agreed to pay $143,000 in penalties. Exel will implement a site-specific record-keeping policy, a noise abatement plan and a hearing conservation program at the Palmyra facility. Exel will also implement revised polices that address noise exposure at all Exel production facilities and record-keeping policies at all facilities nationwide.
Additionally, Exel will revise its U.S. Corporate Wide Incentive Program to eliminate incentive payments based on the number of reported or recorded injuries and illnesses at a facility. This action is consistent with OSHA's current efforts to eliminate "bonus" plans that potentially incentivize nonreporting of injuries or illnesses.
"We are pleased that Exel has agreed to revamp its injury and illness record-keeping program and to change its incentive program," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "When workers don't feel free to report injuries or illnesses, the employer's entire workforce is put at risk. Exel's actions will positively impact the safety and health of its workers."
Exel has agreed to address occupational noise at all its production facilities nationwide. Exel will hire a qualified safety consultant who within 90 days will conduct an audit of the noise exposure levels in all production facilities and will submit to OSHA a noise abatement plan and a hearing conservation program that will be implemented at each production facility.
Exel has agreed to revise its record-keeping policy and for each facility will designate a permanent job position with ultimate authority for overseeing and reviewing record-keeping practices, and will provide record-keeping training to all employees with record-keeping responsibilities within 120 days.
Read more about "Wage & Hours" Issues
May 02, 2011
The National State Attorneys General Program at Columbia Law School has issued a report on state wage and hour law enforcement, analyzing survey responses from 37 states and the District of Columbia. Workers' ...
May 03, 2011
However in Kasten v. Saint-Gobain Performance Plastics Corp., the Supreme Court recently held that an oral notice of a wage and hour claim to the employer qualified as a filing a claim for the purpose of an FLSA retaliation ...
Dec 05, 2011
Nancy J. Leppink, deputy administrator of the U.S. Department of Labor's Wage and Hour Division, and Ellen Golombek, executive director of the Colorado Department of Labor and Employment, signed a memorandum of ...
Sep 19, 2011
In addition, labor commissioners and other agency leaders representing seven states signed memorandums of understanding with the department's Wage and Hour Division and, in some cases, its Employee Benefits Security ...
Friday, July 15, 2011
Friday, October 10, 2014
Minimum Wage and Overtime Protections Are Delayed for Home-Care Workers
| With numerous states pushing for a delay, the Obama administration announced Tuesday that it would put off enforcement of its plan to extend minimum-wage and overtime protections to the nation’s nearly two million home-care workers. A year ago, the Labor Department announced that the wage protections would take effect nationwide Jan. 1, 2015, but the department said Tuesday that it would not enforce the rule for six months — from Jan. 1 to June 30. For the second six months of the year, the department said, it would “exercise its discretion” in whether to bring enforcement actions against any employers that decline to pay minimum wage or overtime. Under the new rule, home-care workers would have to receive the federal minimum wage of $7.25 an hour and time and a half when they work more than 40 hours a week. Numerous states, already facing budget strains, complained to the Obama administration about the cost. Fifteen states have state minimum wage and overtime protections for home-care workers; six others and the District of Columbia require that they receive at least the minimum wage. In announcing the rule in September 2013, Labor Secretary Thomas E. Perez said, “Almost two million home-care workers are doing critical work, providing services to people with disabilities and senior citizens,” yet they are “lumped into the same category as babysitters.” The new rule ends a 40-year-old exemption from federal wage laws that treated... |
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
Tuesday, September 30, 2014
Why so many injury claims from L.A. public safety workers?
| Los Angeles' police and firefighters take paid injury leave at significantly higher rates than public safety employees elsewhere in California. Why? Is it more strenuous or stressful to work in the city of Los Angeles, compared with L.A. County or Long Beach? Does the city have an older workforce more prone to injury? Or is it just so easy to game the system in L.A. that filing an injury claim has become a routine matter in the police and fire departments? A Times investigation on Sunday revealed that 1 in 5 Los Angeles police officers and firefighters took paid injury leave at least once last year, and that not only are the number of leaves going up, but they are getting longer too. While on leave for a work-related injury, a police officer or firefighter earns 100% of his or her salary — but is exempt from federal or state taxes for a year. So it is actually more lucrative not to work than it is to work.  Meanwhile, the fire department has had to spend more money on overtime to ensure that fire stations are fully staffed, and the LAPD, which cut paid overtime, has had fewer cops on the streets. Taxpayers spent $328 million over the last five years on salary, medical care and related expenses for employees on injury leave. Oh, and the state Legislature has repeatedly expanded the kinds of work-related "injuries" covered by the policy. They include Lyme Disease and HIV and stress. Certainly, paid... |
Sunday, September 22, 2013
Home Care Workers Win Wage and Overtime Protection
 Since they were exempted from the FLSA nearly four decades ago, home care workers seldom have been paid overtime and their net income is often less than the minimum wage, considering time spent in travel between the homes where they work in a single day and its cost. Unlike workers covered by federal labor laws, they have not been paid for all the hours they are on the clock. AFL-CIO President Richard Trumka says the new rule: "...finally recognizes the value of the work done by hundreds of thousands of people who take care of our aging parents, as well as our sisters, brothers and children with disabilities….Today’s action will not only benefit the largely female, minority and low-wage workers who provide these essential services, it will help to ensure an adequate supply of home care workers as demand grows, reduce turnover and improve quality, permitting more Americans who wish to stay in their own homes as they grow old or experience disability to do so.Secretary of Labor Thomas... |
Related articles
- Many States Look to Raise Minimum Wage (workers-compensation.blogspot.com)
- In California, Renewed Debate Over Home Care (workers-compensation.blogspot.com)
- Misclassification - Department of Labor Recovery (workers-compensation.blogspot.com)
- Modern Families and Worker Protections (workers-compensation.blogspot.com)
- Mexican Consulate, Labor Dept. Partner On Worker Protection (workers-compensation.blogspot.com)
- Minimum wage in California to be $10 an hour (workers-compensation.blogspot.com)
Friday, March 8, 2013
NJ Gas Station Owner Agrees to Pay $3 Million in Back Wages to Employees
Daniyal Enterprises LLC and owner Waseem Chaudhary, and other companies owned and operated by Chaudhary, have agreed to pay $2 million in overtime back wages and an additional $1 million in liquidated damages to 417 workers employed at 72 of Chaudhary’s New Jersey gas stations after investigations by the U.S. Department of Labor’s Wage and Hour Division found violations of the Fair Labor Standards Act.
The department also has assessed $91,000 in civil money penalties against this employer because of the repeat and willful nature of the violations. Additionally, the employer has agreed to take proactive measures, including a three-year monitoring program at each gas station, to ensure future FLSA compliance.
“This agreement returns hard-earned wages to workers in one of only two states that still mandates full-service gas pumps,” said acting Secretary of Labor Seth D. Harris. “All gas station owners and operators in New Jersey should take note of this precedent by reviewing their payroll practices and legal obligations. Gas station attendants are few in number, earn low wages, work long hours and often lack English proficiency – factors that contribute to their vulnerability as well as the importance of protecting their right to be paid properly.”The department also has assessed $91,000 in civil money penalties against this employer because of the repeat and willful nature of the violations. Additionally, the employer has agreed to take proactive measures, including a three-year monitoring program at each gas station, to ensure future FLSA compliance.
Saturday, March 26, 2016
US Supreme Court Reviews In The Course of Employment Issue
The US Supreme Court ruling in a recent wage and hour case solidified the principle that the time spent by workers to put on and remove safety equipment should be consider time "on the clock" and in the course of employment. This concept reaffirms basic workers' compensation case law that such activities are within the course of employment. The Supreme Court affirmed the lower court verdict awarding damages to the workers of $5.8 Million dollars for overtime wages.
Thursday, June 1, 2023
NJ Targets Rampant Misclassification of Drywall Workers
In its second strategic enforcement initiative, focusing on the drywall industry, the New Jersey Department of Labor and Workforce Development (NJDOL) reached a first-of-its-kind enhanced compliance agreement with Donald Drywall, L.L.C. of Lakewood after investigators found the subcontractor had committed numerous wage and hour, earned sick leave, and employee misclassification violations.
Saturday, May 20, 2023
NJ Industry Groups Challenge The Temporary Workers’ Rights Law
In February 2023, New Jersey Governor Phil Murphy signed a new law that would give temporary workers in the state more protections.
Tuesday, July 13, 2021
NJ Enacts Legislation to Protect New Jersey Workers, Employers From Unlawful Misclassification
Building on his commitment to making sure that workers and employers in New Jersey are treated fairly, Governor Phil Murphy today signed a four-bill legislative package furthering state efforts to stop employee misclassification.
Thursday, October 23, 2014
NCAA facing lawsuit over minimum wage laws
Today's post is shared from Jurist.org/
 The National Collegiate Athletic Association (NCAA) [official website] was Monday for violating the Fair Labor Standards Act (FLSA) [materials]. The lawsuit, brought by a former college athlete against the NCAA and NCAA Division 1 Member Schools, alleges that defendants both jointly agreed and conspired to violate the wage and hour provisions [materials] of the FLSA and that the NCAA affords better treatment to its students in work study part-time employment programs than its student athletes. Work study participants, "students who work at food service counters or sell programs or usher at athletic events, or who wait on tables or wash dishes in dormitories," qualify as temporary employees of the NCAA and are thus paid at least a federal minimum wage of $7.25/hour for their non-academic work. According to the suit, student athletes engage in a more rigorous commitment than work study students, from time required to stricter, more exacting supervision by coaches and trainers. The complaint goes on to say that without the student athletes' performance many student jobs such as ushering fans and selling programs would not exist. Plaintiff is seeking damages for herself and those similarly situated who elect to opt-in to this action pursuant to the collective action section of the FLSA, in order to remedy the defendants' violation of the FLSA hourly wage provisions that have deprived plaintiff and others of lawfully earned... |
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