ALBANY, NY (04/30/2013)(readMedia)-- CSEA — New York's leading union today charged the latest figures on New York's excessive
state employee overtime costs reveal the glaring deficiencies in the Cuomo administration's management by news release.
Democratic House Speaker Joe Aresimowicz says the money will come from various cuts and savings from certain budget line items, including
state employee overtime.
Not exact matches
A large body of law and custom in the United
States holds that because employers have far more power over their
employees than businesses do over their customers, they must provide them with far greater protections — not least, a minimum wage and
overtime pay.
Parent is involved in several lawsuits in which the plaintiffs are seeking unpaid
overtime compensation and other damages based on allegations that various
employees of Electronic Data Systems Corporation («EDS») or Parent have been misclassified as exempt
employees under the Fair Labor Standards Act and / or in violation of the California Labor Code or other
state laws.
On October 8, 2014, JPMC agreed to pay up to $ 12 million to settle claims that certain of its tellers and other bank
employees — a total of approximately 145,000
employees in 12
states — were not paid proper wages or
overtime because JPMC did not count some hours worked.
Levy, who is seeking the GOP nod for governor, said the new
state legislation creating a tier five for new
state and municipal
employees would cut the
overtime allowed in the final average salaries to 15 percent, but the impact of that measure will not be felt for decades.
Levy, in a Hauppauge news conference Tuesday, said the 20 percent of
overtime that
state, school and municipal
employees are now allowed to include as part of their final average salary should be cut to 10 percent.
The contract for Krumpter's immediate predecessor, Flynn, who retired in November 2016, created controversy after Newsday reported earlier this year that Flynn had
overtime payments written into his contract and was paid a salary of $ 311,961 in the 2016 - 17 fiscal year, during which he was the third - highest paid
employee in the
state.
The
state investigation into the use of
overtime to increase the pensions of public
employees, started with great fanfare in 2010 when then - AG Cuomo was prepare to run for governor, has been dropped without so much as a report.
If it was really about savings the governor would be allowing vacancies to be filled with new entry - level
employees at a savings to the
state instead of allowing agencies to rack up
overtime.
Overall, DiNapoli's office says that so far this year,
state employees have worked more than 7.8 million
overtime hours.
Government
employees around the
state — from commissioners to toll collectors to mechanics — are padding their lifelong pensions by working huge amounts of
overtime right before they retire, Attorney General Andrew Cuomo reported yesterday.
Generally,
state employees who are eligible for
overtime compensation are paid at a rate of one - and - a-half times their regular pay.
While total earnings for all
state employees have declined in the past two years,
overtime pay has continued to increase during that time.
The answer, McKinney said, is fundamental changes in the
state pension system that would include placing
state employees into a 401 (k) plan and eliminating the ability of
state employees to increase their pensions by working a huge number of
overtime hours in their final years of employment.
The reclassification problem arises when a federal or
state government agency claims that your ICs are really
employees and that you are therefore liable for unpaid withholding taxes or
overtime.
State law requires you pay your
employee overtime for 2 hours.
Many federal and
state laws regulate the relationship between employer and
employee, for example minimum wage laws, rules about vacation time and
overtime, and rules about when
employees can be fired.
Similarly, employment agreements for managerial
employees and other
overtime - exempt
employees should clearly
state that these
employees are not eligible for
overtime pay.
There are some exempted
employees from
state and federal
overtime laws such as professionals, executives, some salespersons, and a portion of truck drivers.
The policy
stated that
employees in Level 7 positions and individuals with management functions were generally exempt from
overtime, and that
employees performing jobs classified as Levels 1 to 6 were generally eligible for
overtime, unless they performed management functions.
Employers sometimes face audits by the United
States Department of Labor investigating contentions by disgruntled
employees (current and former) that they are owed
overtime or minimum wages.
2017 Employment Law Seminar (1:40:59) Presented By Lawrence J. Casey, Gary M. Feldman, Tamsin R. Kaplan, Robert M. Kaitz and David M. Rogers Larry Casey, Gary Feldman, Tamsin Kaplan, Robert Kaitz, and Dave Rogers discuss some of the hot topics surrounding employment laws, including pay equality, workplace investigations and confidentiality,
overtime laws, legalization of marijuana, social media and related policies, the new I - 9 Form, Trade Secrets Act of 2016,
employee access to confidential company documents, EEOC guidance re: national origin discrimination enforcement under Title VII, and insights from the Massachusetts
State House.
The Fair Labor Standards Act (FLSA), along with varying
state laws, has established
employee protections such as a minimum wage and
overtime pay requirements, along with other employment standards.
• Accurately processed payroll as well as monitored vacation / benefit accruals independently • Actively managed wage garnishments and processed termination checks • Accepted accountability for the overall teamwork and stood responsible for meeting the deadlines • Assisted HR department with compensation and benefits for payroll related tasks like processing benefits premiums, wage ceilings, long term disability claims, life insurance, group health insurance, fringe benefits, and
overtime pay analysis • Assisted internal and external auditing procedures related to payroll by following company standards and policies • Monitored and reviewed complete payroll accounts for verification of accuracy and in case of any discrepancies made appropriate corrections and updates, at the end of every month • Communicated effectively with all staff responding to their requests and inquiries related to payroll information • Correctly made payroll related general ledger journal entries for each record • Created and dispersed payroll vouchers to the company
employees every month on the pay day • Created benefit audits and reports for terminated / retired
employees • Maintained perfect reconciliations of balance sheet accounts related to the payroll • Executed special research projects regarding payroll management and for detailed analysis of financial facets of payroll • Gave suggestions to the management for the policy and procedure updates and refreshers related to payroll management and its financial aspects • Organized and maintained outstanding payroll checks and lists in coordination with the HR department • Managed contacts and communicated regularly with all the internal and external stakeholders ensuring effective flow of information • Organized files, accounts, ledgers, records,
employee books for payroll documents and other related purposes • Prepared SDLs — Salary Distribution Journals and other distribution journals every month for payroll accounts • Processed and prepared corporate payroll using Pay Expert Application, managing all paperwork for the wire transfers and generated return funds • Processed payroll changes for new hires and terminations ensuring accuracy and timeliness of the process • Proficiently used PRG (Millennium) payroll and TMx labor scheduling software applications for effective payroll management • Resolved all issues related to payroll tax payments and reported after every pay run making sure that all filings were accurately represented by the tax service provider • Reconciled tax payments for federal,
state and local payroll as well as returns for multiple authorities on monthly basis.
As a result of trying to avoid treating at - home workers as
employees, Rosen indicates that background screening firms can potentially face liability for federal and
state payroll taxes that should have been paid for misclassified workers, substantial penalties to the IRS or
state, fees and damages if litigation is involved, and responsibility for benefits and
overtime pay the independant contractors would have received if classified as
employees.
As a result of trying to avoid treating at - home workers as
employees, Rosen indicates that background screening firms can potentially face liability for federal and
state payroll taxes that should have been paid for misclassified workers, substantial penalties to the IRS or
state, fees and damages if litigation is involved, and responsibility for benefits and
overtime pay the independent contractors would have received if classified as
employees.