Tag archives: Overtime

France implements new social measures to face the pandemic

The first COVID-19 cases appeared in France a few weeks ago and French people have been in lockdown since March 17. The repercussions of this pandemic are significant, and the Government has been authorized, by Emergency Act No. 2020-290 of 23 March 2020, to take measures through ordinances (which means that no debate is required before Parliament, and the ordinances are voted directly by the Council of Ministers).

Several ordinances on employment-related matters were adopted by the Council of Ministers on 27 March 2020, and published. A decree was also issued to extend the rules of reduction in activity (short-time … Continue Reading

What are an employer’s chances of overcoming an employee’s claim for overtime in France ?

The basic working time arrangement in France is 35 hours per week, and although there are a number of alternative working time arrangements potentially available, this is still the one that applies to the majority of French employees. However, this is not a maximum working week – employees working beyond that amount are entitled to overtime.

Employers must be able to prove the actual number of hours worked by their employees and must therefore ensure such hours are properly recorded. In the absence of proper records, the employer may have difficulties in overcoming a claim for overtime payments made by … Continue Reading

We all know what the new DOL salary numbers are, but what happens next?

The US Department of Labor’s March 7, 2019 Notice of Proposed Rulemaking reset the salary requirements for the Fair Labor Standards Act’s white-collar exemptions. By now we all know the new numbers: the minimum salary threshold will increase from US$455 per week (US$23,660 annually) to US$679 per week (US$35,308 annually) for the executive, administrative, professional, outside sales and computer employee exemptions. The 2019 Proposed Rule also increases the total annual compensation required for the highly compensated employee exemption from US$100,000 to US$147,414 per year. It does not, however, modify any of the duties tests. The DOL anticipates that the 2019 … Continue Reading

Singapore: “Watershed” Amendments to Employment Legislation

Singapore’s employment laws are set to undergo watershed changes come April 2019. In summary, a greater number of employees – in particular, professionals, managers and executives (“PMEs”) – will soon be able to avail themselves of the statutory protections contained in Singapore’s Employment Act, the key employment legislation in Singapore.

The single most significant legislative change is the removal of the monthly salary cap of SGD 4,500 in respect of PMEs. Presently, only PMEs below this salary cap have the benefit of the provisions in the Employment Act relating to minimum periods of notice, paid public holiday and … Continue Reading

Overtime and holiday pay – non-guaranteed and voluntary overtime

The Employment Appeal Tribunal (EAT) in the UK has recently considered whether voluntary as well as non-guaranteed overtime should be taken into account in calculating the amount of holiday pay. The question arose both under the terms and conditions of the claimants’ employment, but also pursuant to the EU Working Time Directive (No.2003/88) (WTD).

The case involved a group of employees in an NHS trust, who brought claims for unlawful deductions from wages, relating to two types of overtime – non-guaranteed overtime and voluntary overtime. Non-guaranteed overtime related to payments, where, at the end of a shift, one of the … Continue Reading

Le temps de trajet des salariés itinérants n’est (définitivement) pas du temps de travail effectif

La détermination du temps de travail effectif des salariés est un sujet complexe, et l’enjeu est considérable pour les salariés dans la mesure où ce temps de travail effectif a un impact direct sur leur rémunération.

C’est encore plus vrai pour les salariés itinérants, dont les fonctions impliquent des temps de trajet importants (notamment entre leur domicile et le lieu d’implantation des clients de l’entreprise pour laquelle ils travaillent, qu’il s’agisse du premier client visité dans la journée ou le dernier client).

Comment doivent être pris en compte ces temps de trajet ? Sont-ils constitutifs d’un temps de travail effectif … Continue Reading

DOL to appeal injunction against new overtime regulations

Despite the fact that the U.S. Department of Labor’s new overtime regulations were set to go into effect on December 1st, the validity of the regulations remains unsettled. We previously reported that on November 22nd, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas granted a nationwide injunction precluding the Department of Labor from implementing and enforcing the regulations on November 22nd in Nevada v. U.S. Department of Labor.  On December 1st, the very same day that the regulations were supposed to go into effect, the Department of Labor announced that it would … Continue Reading

Texas federal judge puts the brakes on the DOL’s new overtime regulations

Employers who had been searching for a way to best  implement the Department of Labor’s new overtime regulations (the “Final Rule”), which are set to go into effect on December 1, 2016, received an early holiday gift on Tuesday, and from one of President Obama’s appointed jurists, no less.  On November 22nd, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas granted a nationwide preliminary injunction against implementation of the overtime regulations.  As a result, the Department of Labor will not  be able to enforce the regulations as of  December 1, 2016.

The Final Rule, … Continue Reading

Overtime overhaul – small businesses want more time to prepare

With just about 90 days to go before the U.S. Department of Labor’s final rule dramatically updating overtime regulations is scheduled to go into effect, small business owners have petitioned the DOL’s Wage and Hour Division seeking more time to prepare for and implement changes to the way they operate their businesses so that they can remain compliant with wage laws. In a parallel move, on September 28, 2016, the U.S. House of Representatives also voted in favor of the Regulatory Relief for Small Businesses, Schools and Nonprofits Act, which would delay implementation of the DOL’s final overtime rule … Continue Reading

Calculating holiday pay – should voluntary overtime be included?

Over the past few years we have seen a number of cases considering what payments should be included in the calculation of holiday pay. These cases have held that commission, contractual overtime and certain allowances should all be included.  The question has remained as to how voluntary overtime should be treated.  A recent employment tribunal decision has held that voluntary overtime should, depending on the facts, be included in the calculation of statutory holiday pay.

The case involved 56 claimants all of whom had various different elements of pay in their remuneration including contractual overtime, voluntary overtime, standby allowances, and … Continue Reading

Fair pay, safe workplaces, and federal contractors telling it like it is

On August 24, 2016, the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory (FAR) Counsel issued a final rule to implement President Obama’s Executive Order 13673, entitled “Fair Pay and Safe Workplaces,” first announced by the President over two years ago on July 31, 2014.

According to the Federal Acquisition Institute, the purpose of E.O. 13673 is “to help [federal] contractors come into compliance with labor laws – not to exclude contractors.” The final rule implementing the order requires both current and prospective federal contractors and subcontractors to disclose labor law violations and establishes how federal … Continue Reading

DOL’s new salary rule is a mixed bag for employers

Adding to the recent flurry of federal regulatory activity, on May 18, 2016, the United States Department of Labor‘s Wage and Hour Division issued a final rule on overtime that raises the salary threshold for exempt employees under the Fair Labor Standards Act.

Defining and delimiting the exemptions for executive, administrative, professional, outside sales and computer employees under the Fair Labor Standards Act, the Department of Labor’s final rule updates overtime regulations, automatically extending overtime pay protections to “over 4 million workers within the first year of implementation.”

Learn how this new DOL final rule will impact your … Continue Reading

New era of representative evidence? Time will tell

On March 22, 2016, in a 6-2 decision, the US Supreme Court greenlighted the use of representative evidence in the federal wage and hour class case of Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. The Court approved the use of statistical averaging of employee donning and doffing time in connection with Fair Labor Standards Act (FLSA) class certification. The opinion discusses several limiting factors that employers will no doubt argue constrains its applicability, especially outside the FLSA context.… Continue Reading

(Night-)Time is Money

Even though, unarguably, few employees would give up a good night’s sleep in order to work night shifts, operational necessity often dictates otherwise. Certain businesses can only remain competitive and survive in the market if they require their employees to work during night-time. Parcel services, bakeries and hospitals are just a few examples of businesses where working night shifts seems to be an absolute necessity.
Under German law, employees may be required to work during night hours (defined by law as from 11 p.m. to 6 a.m.), provided that a works council (if any) has been involved and any collective … Continue Reading

Checks and balances at work: Fifth Circuit reins in U.S. Department of Labor in Fair Labor Standards Act case

On July 2, 2015 the U.S. Court of Appeals for the Fifth Circuit held the U.S. Department of Labor (DOL) liable for an employer’s attorneys’ fees resulting from a bungled and abusive investigation of alleged violations of the Fair Labor Standards Act (FLSA). The facts of the case – Gate Guard Services, L.P. v. Thomas E. Perez – are a sobering reminder to employers that the DOL is not a federal agency to be trifled with. On the other hand, the opinion also sounds a warning to the DOL that when they choose “to defend the indefensible in an indefensible … Continue Reading

Fatter paychecks for employees, tough decisions for employers

On June 30, 2015, the U.S. Department of Labor issued a Notice of Proposed Rulemaking (NPRM) that will significantly increase the number of employees entitled to receive overtime pay for work in excess of 40 hours during a regular workweek. Once implemented, the new rule is estimated to affect at least 5 million full-time employees by raising the minimum salary required to qualify for the Fair Labor Standards Act’s “white collar” exemptions from $23,600 to $50,440 per year.

The proposed rule follows a directive from President Obama in March of 2014 to Labor Secretary Thomas Perez that the Department of … Continue Reading

US Supreme Court declines to review FLSA pleading standards

On April 20, 2015, the United States Supreme Court denied the petition for certiorari in Landers v. Quality Communications, Inc.

At issue in the case was the level of detail that plaintiffs seeking overtime payments under the Fair Labor Standards Act (“FLSA”) must allege in order to survive a motion to dismiss.

Greg Landers sued Quality Communications, Inc., his employer, alleging that Landers sometimes worked in excess of forty hours a week without receiving overtime pay in violation of the FLSA.… Continue Reading

Australian employees donate $110 billion each year to employers through unpaid overtime

The Australia Institute (TAI), an independent public policy think tank, has published a report entitled Walking the tightrope which considers the question: Have Australians achieved work/life balance?  TAI’s research reveals the answer to this question is a definitive ‘no’.  Australian employees work approximately 58.8 million hours of unpaid overtime per year, equating to almost $110 billion dollars donated to employers.  The report considers that if unpaid overtime hours were paid and reallocated to unemployed Australians, the country’s unemployment rate could be zero.

Work/life balance has been on TAI’s agenda for some time.  In 2009, TAI launched National Go Continue Reading

US Department of Labor to Review FLSA Overtime Exemptions

The Obama Administration has recently become more active in controlling the debate on exemptions to the US Fair Labor Standards Act overtime requirements.

In addition to prioritizing the federal minimum wage during the president’s second term, the Obama Administration has also asked the US Department of Labor to examine existing exemptions to laws that otherwise would require employers to pay overtime premium pay to certain workers.

On March 13, 2014, President Obama executed an executive order directing the Labor Secretary to address the salary threshold for applicability of common exceptions to overtime requirements under the FLSA.  The focus of the … Continue Reading

Working Hours and Annual Leave in China

Working Hours

PRC law recognises three categories of working hour systems: (i) the Standard Working Hour System; (ii) the Flexible Working Hour System; and (iii) the Comprehensive Working Hour System.  Each system varies in its applicability to employment positions and industries within the PRC.

The Standard Working Hour System provides that an employee may work no more than 8 hours per day and, as such, working hours are capped at 40 hours per week. Any work that exceeds the maximum limit of 8 hours per day, or 40 hours per week, is considered overtime. In contrast, the Flexible Working Hour … Continue Reading

Venezuela Work-Schedule Regime: Comply or get sanctioned

As new wage and hour or work-schedule regulations have been recently brought fully into effect, employers face risks of being sanctioned in case the Ministry of Labour and Social Security finds that such rules have been breached.

In fact, the duration of the ordinary work period as of May 7, 2013 may not exceed 40 hours per week in daytime, 37½ hours per week in the mixed day, and 35 hours per week in the night shift, except in the case of continuous and shift work, and special or agreed schedules.  Moreover, overtime work is limited to 10 hours per … Continue Reading

Commonality continues to be stumbling block for certifying misclassification class proceedings

This post was contributed by Shannon Robinson, Associate, Norton Rose Canada LLP and Matthew Demeo, Articling Student, Norton Rose Canada LLP (Ottawa)

Last month, the Divisional Court of the Ontario Superior Court of Justice (Divisional Court) upheld a decision that refused to certify class proceedings for unpaid overtime against the Canadian Imperial Bank of Commerce (CIBC) and CIBC World Markets (CIBCWM).

In Brown v. Canadian Imperial Bank of Commerce, 2013 ONSC 1284, the Divisional Court reviewed Justice Strathy’s April 27, 2012 decision denying certification of a proposed class action for failing to … Continue Reading

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