New York SBDC Research Network

From the New York Times : A class-action lawsuit about overtime pay for truck drivers hinged entirely on a debate that has bitterly divided friends, families and foes: The dreaded — or totally necessary — Oxford comma, perhaps the most polarizing of punctuation marks. What ensued in the United States Court of Appeals for the First Circuit, and in a 29-page court decision handed down [last week], was an exercise in high-stakes grammar pedantry that could cost a dairy company in Portland, Me., an estimated $10 million. In 2014, three truck drivers sued Oakhurst Dairy, seeking more than four years’ worth of overtime pay that they had been denied. Maine law requires workers to be paid 1.5 times their normal rate for each hour worked after 40 hours, but it carves out some exemptions. A quick punctuation lesson before we proceed: In a list of three or more items — like "beans, potatoes and rice" — some people would put a comma after potatoes, and some would leave it out. A ...

Every week, millions of Americans work more than 40 hours but do not receive the overtime pay they have earned. President Obama is taking action to fix that: In a note to signers of a We the People petition, the President announced that tomorrow the Department of Labor will finalize a rule to extend overtime protections to 4.2 million more Americans. Check out the President's note . If you work more than 40 hours a week, you should get paid for it or get extra time off to spend with your family and loved ones. It's one of most important steps we're taking to help grow middle-class wages and put $12 billion more dollars in the pockets of hardworking Americans over the next 10 years. For generations, overtime protections have meant that an honest day's work should get a fair day's pay, and that's helped American workers climb the ladder of success. That's what middle-class economics are all about. But after years of inflation and lobbyists' effor...

As more and more companies begin outsourcing key business functions and enlisting the help of staffing agencies to provide workers, a fissure forms in the workplace, disrupting traditional employment relationships. Without a direct employee-employer relationship, these companies oftentimes mistakenly relinquish employer responsibilities which can have an adverse impact on workers who might experience a loss of benefits, inadequate health and safety protections, and sometimes lower pay. The Wage and Hour Division promotes compliance with a number of laws which impact almost every industry in the United States. One way to reach the 7.3 million establishments and 135 million employees covered by WHD laws in the U.S. is through planned initiatives. More from the US Department of Labor .

Someone posted this question: "I have a client who has a business with 24 employees. She wants some employees to work more than 40 hours, but can't afford to pay overtime wages. Does anyone have experience with labor laws for these types of businesses? Is she right that she can't have people work more than 40 hours? Any insight or direction you have would be welcome." Here are a couple sources of information- Overtime pay An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The Fair Labor Standards Act (FLSA) , which prescribes standards for the basic minimum wage and overtime pay, affects most private and public employment. Further - Compliance Employees of firms which are not...