The document discusses overtime pay requirements under Ontario employment law. It covers statutory requirements, common myths, and distinctions between exempt and non-exempt employees. Recent case law establishes that merely having supervisory or managerial duties is not enough to qualify for exemption; the tasks must be primarily of that character. Upcoming Bill 146 proposes increasing the limitation period for unpaid wage claims and requiring employers to complete audits of their compliance upon notice.
Overtime Pay: Work After 8 Hours. The Philippine Labor Code requires payment of overtime pay for covered employees who worked for more than 8 hours. Not all employees are entitled to this benefit.
Overtime Pay: Work After 8 Hours. The Philippine Labor Code requires payment of overtime pay for covered employees who worked for more than 8 hours. Not all employees are entitled to this benefit.
As business cycles ebb and flow, flexibility can assist organizations to prosper in a world that is in constant flux, and help employees to contribute their best. Judi Casey from the Sloan Network outlines the business benefits of implementing flexible work arrangements in your organization. Discover how to create a culture of flexibility that will grow your business with more efficient practices, reduce stress and health care costs, and reduce your carbon footprint. Discover how to circumvent potential obstacles such as selling to senior leaders, and managing the resistance of managers and co-workers.
Prior to the year 1947, industrial disputes were being settled under the provisions of the Trade Disputes Act, 1929. Experience of the working of the 1929 Act revealed various defects which needed to be overcome by a fresh legislation. Accordingly the Industrial Disputes Bill was introduced in the Legislature. The Bill was referred to the select committee. On the
recommendations of the Select Committee amendments were made in the original Bill.
As business cycles ebb and flow, flexibility can assist organizations to prosper in a world that is in constant flux, and help employees to contribute their best. Judi Casey from the Sloan Network outlines the business benefits of implementing flexible work arrangements in your organization. Discover how to create a culture of flexibility that will grow your business with more efficient practices, reduce stress and health care costs, and reduce your carbon footprint. Discover how to circumvent potential obstacles such as selling to senior leaders, and managing the resistance of managers and co-workers.
Prior to the year 1947, industrial disputes were being settled under the provisions of the Trade Disputes Act, 1929. Experience of the working of the 1929 Act revealed various defects which needed to be overcome by a fresh legislation. Accordingly the Industrial Disputes Bill was introduced in the Legislature. The Bill was referred to the select committee. On the
recommendations of the Select Committee amendments were made in the original Bill.
Recent Overtime Class Actions and Best Practices to Manage Your RiskNow Dentons
This presentation was presented at FMC's A Report on Overtime Class Actions Webinar on September 27, 2012 by Anneli LeGault and Blair McCreadie. This presentation reviews the following topics:
Risk of Overtime Class Actions
Overview of Recent Trilogy of Judgments from Ontario Court of Appeal
Canada Labour Code requirements
Employment Standards Act, 2000 requirements
Approaches to Manage your Overtime Liability
This study is about the incidence of overtime hours in Finland. The investigation uses unique individual-level data from the manufacturing industries from 1989 to 1995. The results reveal that the hours of overtime divided by the number of total hours decline in age of an employee. The overtime hours also decline in wage per straight-time hours and in straighttime hours. Males and newcomers tend to work more overtime, but leavers work less overtime. In addition, the overtime hours are more frequent in the population of small establishments in the Finnish manufacturing industries. There are also strong industry effects.
In this webinar you will be able to understand purpose and definition of Fair Labor Standards Act. We will cover minimum wage and overtime requirements and exemptions. Ways to properly determine overtime eligibility as well as understanding the employer responsibilities under FLSA and learn best practices on defending against FLSA claims or lawsuits.
Significant changes to overtime regulations may 25 2016Allyson Lewis
Join us for this free webinar!
The DOL published the final version of the much anticipated overtime exemption rule. This means that 4.2 million salaried, non-manufacturing workers nationwide will now be entitled to overtime, with a direct cost to employers of almost $1.5 billion in increased employee earnings.
During the webinar you will learn:
• How do the DOL’s new overtime exemption rules impact the current salary basis test and the salary level threshold required for exemption?
• When will the DOL’s final rules take effect?
• What can you do right now to prepare for new FLSA compliance obligations?
• Should you convert exempt workers to hourly status rather than pay increased weekly base salary?
• Should you rewrite your job descriptions? If so, how?
• Is your organization prepared for increased recordkeeping?
• What tools and resources does KPA offer for clients to comply with the new rule?
Kathryn Carlson will be presenting this educational webinar. Kathryn has over 25 years of human resources management experience and is a certified HR professional. For the past 13 years Kathryn has focused on developing HR software and programs to improve efficiency, reduce risk, and ensure compliance for companies ranging from small businesses to international.
How to Classify Your Exempt and Non Exempt Employees Correctly June 15, 2016Allyson Lewis
On May 18, 2016 the Department of Labor released new rules that significantly impact how you pay your employees. Do you know the answer to which employee and which position will be exempt or non-exempt under the new rules?
Join us for an overview of the new DOL rules and a demonstration of the new Classification Wizard tool from KPA HRDrive. Using the Classification Wizard will allow you to quickly and easily determine which employees must be paid overtime, which employees must be paid minimum wage for all hours worked, and which employees are exempt from overtime. The Classification Wizard asks you a series of questions to help determine the appropriate employee classification quickly and easily, and also gives you access to certified HR professionals by phone or email at any point in the process.
The webinar will be presented by Kathryn Carlson, Vice President of HR Management Products. Kathryn has over 25 years of human resources management experience and is a certified HR professional. For the past 13 years she has focused on developing HR software and programs to improve efficiency, reduce risk, and ensure compliance for companies ranging from small businesses to international.
This Presentation Covers the FLSA & Overtime Rules. Topics covered include:
• New FLSA Salary Threshold & Regulations
• Salary Indexed to Wage Inflation
• The Computer Professionals Exemption Decision Tree
• The Salary Basis Test
• Permitted Salary Deductions
• Exceptions from "No Pay-Docking" Rule
• Examples & Effects of Improper Deductions
• Safe Harbor
• Clearly Communicated Policies
• Payroll Practices That Do Not Violate the Salary Basis Test
• Additional Compensations
• Overtime Rules
• Wage Hour Investigations
• Remedies for Violations of Provisions of the FLSA
• Virginia Wage Payment Statute
• Outside Sales Exemption
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
Part of the webinar series: Protecting Your Employee Assets: The Life Cycle Of The Employment Relationship 2022
See more at https://www.financialpoise.com/webinars/
Show Them the Money: Wage & Hour Compliance (Series: Protecting Your Employee...Financial Poise
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/employment-wage-hour-compliance-2020/
Are you eligible for overtime pay? Just because you are a salaried employee doesn't mean you are automatically disqualified. Many employees are robbed from their entitled overtime pay due to lack of knowledge about their rights. This SlideShare presentation will clear up some common myths about salaried workers and overtime pay to help you to make sure you are receiving the proper entitled pay.
Wage & Hour Compliance (Series: Protecting Your Employee Assets: The Life Cyc...Financial Poise
Compliance with federal (as well as state) wage and hour laws returned to the forefront towards the end of the Obama administration when it appeared that the salary threshold that applied to exempt employees would be increased significantly. While the proposed change will not happen, the Trump administration has signaled that the threshold will nonetheless likely increase. Regardless of where the new threshold lands, employers must nonetheless be mindful of the risks posed by misclassifying individuals as exempt as well as by a host of practices that can imperil otherwise proper classification decisions. And while the federal government is no longer scrutinizing the use of independent contractors as closely today, employers must still be careful when relying on contractors. This webinar delves into the mistakes commonly made by employers and endeavors to provide attendees with the tools needed to help find and fix potential wage and hour pitfalls.
To view the accompanying webinar, go to:
Wage and Hour Litigation on the Rise: Tips for Avoiding Class Action Lawsuit...EPAY Systems
For the past decade, the number of wage & hour class action and collective action filings has increased. And this year, additional factors – including new FLSA regulations and the direction of wage & hour enforcement under the Trump Administration – are likely to drive exposures for corporate America.
With big verdicts, records settlements, the increasing phenomenon of worker awareness, and the widespread public attention to how employees are paid, it’s no surprise that wage and hour lawsuits are on the rise. Given these factors, companies may see record-breaking numbers of FLSA lawsuit filings in 2017.
View the recording EPAY Systems and Seyfarth Shaw as we examine workplace class action trends that we are likely to see this year, and learn best practices for avoiding wage and hour lawsuits.
Auto Insurance Dispute: Top 5 things to keep in mindEnercare Inc.
If you own a car, you likely have automobile insurance. You have it because it’s the law, but also because it gives you “Peace of Mind”. Unfortunately, people contact us regularly when their car has been stolen, vandalized, or damaged beyond repair, and their insurance company is not willing to pay them for their vehicle. These disputes drag on and on and it often seems as though the insurance adjuster is doing everything in his or her power not to compensate the insured for their loss.
Remote sensing and monitoring are changing the mining industry for the better. These are providing innovative solutions to long-standing challenges. Those related to exploration, extraction, and overall environmental management by mining technology companies Odisha. These technologies make use of satellite imaging, aerial photography and sensors to collect data that might be inaccessible or from hazardous locations. With the use of this technology, mining operations are becoming increasingly efficient. Let us gain more insight into the key aspects associated with remote sensing and monitoring when it comes to mining.
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
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⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
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➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
➢ Super Show 9 in HCM with Super Junior
➢ HCMC - Gyeongsangbuk-do Culture and Tourism Festival
➢ Korean Vietnam Partnership - Fair with LG
➢ Korean President visits Samsung Electronics R&D Center
➢ Vietnam Food Expo with Lotte Wellfood
"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
Premium MEAN Stack Development Solutions for Modern BusinessesSynapseIndia
Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
Know more: https://www.synapseindia.com/technology/mean-stack-development-company.html
Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
Accpac to QuickBooks Conversion Navigating the Transition with Online Account...PaulBryant58
This article provides a comprehensive guide on how to
effectively manage the convert Accpac to QuickBooks , with a particular focus on utilizing online accounting services to streamline the process.
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
1. Hours of Work and Overtime:
The “Elephant” in the Room
Agenda
1. OVERVIEW OF STATUTORY REQUIREMENTS
2. MYTHS & MISCONCEPTIONS
3. EXEMPT v. NON-EXEMPT – DISTINCTION
WITHOUT A DIFFERENCE?
4. CASE LAW UPDATE: SUING FOR OVERTIME PAY
5. LOOKING AHEAD – BILL 146
Chuck Tahirali,
Senior Human Resources Consultant
2. Employment Standards Act, 2000
• Overtime pay = time-and-a-half (1.5x)
employee’s regular rate of pay.
• Definition of “regular rate” varies depending
on whether paid by the hour.
• For most categories of employee, overtime
pay after 44 hours worked in a week.
• Other thresholds may apply.
3. Employment Standards Act, 2000
• If employer adopts lower threshold (<44hrs), lower
threshold becomes employment standard.
• Permissible to use “lieu time” compensation if
certain requirements met:
– Same 1.5x calculation
– Written agreement of affected employee
– Paid time off given within 3 months (or 12 months with
affected employee’s written agreement)
4. Averaging Methodology
• Hours of work averaged over period of 2 or
more consecutive weeks for purpose of
determining entitlement to overtime pay.
• Requires an explicit written averaging
agreement with affected employee.
• Requires receipt of “Approval” from Ministry
of Labour.
5. Averaging Methodology
• Terms of Ministry Approvals
– Approval must be posted in workplace
• Terms of written averaging agreements with
employees
– Expiry date (2 years)
– Irrevocable prior to expiry date unless parties
agree
6. Limits on Hours of Work
• Daily maximum (8 hours or number of hours in
regular workday)
• Weekly maximum (48 hours)
• Limits may be exceeded if:
– Written agreement of employee
– Approval from Ministry of Labour (and posted in the
workplace)
– Most approvals provide for up to 60 hours/week
7. “Excess Hours” Agreements
• Non-Union employees: Agreement only valid
if Ministry “fact sheet” provided and written
agreement contains term confirming receipt.
• Revocable by employee giving 2 weeks of
written notice.
8. Record-Keeping Requirements
• Averaging agreements and excess hours
agreement must be retained for at least 3
years after day on which work last performed
under terms of agreement.
• Number of hours an employee works in each
day and in each week must be recorded.
9. Employees paid a “salary”
• No requirement to record number of hours worked
in each day and in each week if employee paid a
“salary” if:
– Employee is “exempt” from hours of work and overtime
pay provisions of ESA; or
– Number of hours worked in excess of daily and weekly
limits are recorded.
• “Salary” = fixed amount for each pay period +
amount actually paid does not vary unless more than
44 hours worked in a week.
10. Myths and Misconceptions
• Salaried employees are exempt
• Office or “white collar” jobs are exempt
• Salary includes a certain amount of overtime
hours
• Salary includes overtime pay
• Policy requiring pre-approval of overtime is
effective means of limiting liability
11. “Hours of Work”
• Work is deemed to be performed if in fact it is
performed by an employee even though a
contract or policy expressly forbids or limits
hours of work;
or
• Requires the employer to authorize the hours
of work in advance, i.e., before they are
worked.
12. “Hours of Work”
• Work is deemed to be performed if it is
permitted or “suffered” to be done by the
employer.
• Meal breaks excluded if no expectation of
work.
• Other rest times or breaks included as hours
worked if required to remain at the
workplace.
13. “Hours of Work”
• Daily commute to/from work?
• Travel time – conferences, meetings, flights
• Blackberry time?
• Voluntarily working late?
• Taking work home on the weekend?
14. “Exempt” v. “Non-Exempt”
• Very few categories of employee exempt from
coverage under ESA.
• Exemptions vary from Part to Part.
• Hours of work / Overtime exemptions:
– Commissioned salesperson
– Information technology professional
– Managerial/Supervisory
15. Managerial/Supervisory Exemption
• A person whose work is supervisory or
managerial in character and who may perform
non-supervisory or non-managerial tasks on
an irregular or exceptional basis.
• How courts interpret this exemption.
• How Ontario Labour Relations Board
interprets this exemption.
16. Case Law
• Tsakiris v. Deloitte & Touche (2013)
• Glendale Golf & Country Club (2010)
• Being “managerial” or “supervisory” in
character not enough
• Meaning of “irregular” and “exceptional”
17. If an “exempt” employee:
• Performs non-exempt work (e.g., non-
supervisory or non-managerial tasks) in a
particular work week, in addition to his/her
regular exempted duties;
• Then the employee is entitled to overtime pay
for any overtime hours worked unless the
time spent by the employee performing the
exempt work was less than one-half of the
total time worked that week.
18. Update: Class Action Lawsuits
• “Misclassification” lawsuits
• “Off-the-clock” lawsuits
• Canada Labour Code v. Ontario ESA
• Better benefit defence
• Ontario Court of Appeal “Trilogy”
• Recent developments in Ontario
19. BILL 146
• If passed:
– Removes the $10,000 ceiling on recovery of unpaid wages,
including overtime pay;
– Increases the time limit for a claim for wages from 6
months (12 months for recurring violations) to 2 years;
– Directs an employer to complete an ESA compliance audit
of their records and practices to determine ESA
compliance. Employment standards officer would be able
to require the audit by providing the employer with
written notice.
20. BILL 146
• If passed:
– Introduces ‘joint and several liability’ between
temporary help agencies and their client
employers for unpaid wages (including overtime
pay).
– Requires both the client employers and temporary
help agencies to keep records of hours of work.