In Camara v. Attorney General, the state’s highest court determined that an employer could not make wage deductions when the employer had unilateral power to determine the employee’s negligence and the amount of the damages. Michael Camara is Vice President of ABC Disposal, a garbage company based in New Bedford, and the employer in question.
In this case, truck drivers for ABC Disposal Service were given a choice after an accident. They could accept disciplinary action for causing the accident, or they could pay the company for the damages incurred. Payment was made through weekly payroll deductions with the employee’s written consent. The deductions were small enough so the employee still earned at least the minimum wage each week.
The Massachusetts Supreme Court determined that these deductions were not allowed because the company determined who was at fault for the accident and set a dollar amount on the damages. A company safety office would investigate the accident and report his findings. The supervisory safety manager would then (more…)
Overtime rate if applicable
However, employers can use any form they already have in place, or create a new one, to provide such notification.
New York employers must receive written acknowledgment of this wage notification from employees. The most common way to do this is for the employee to sign a copy of the notification and return it, while keeping one copy for the employee’s records.
In late October 2009, the New York Department of Labor issued a mandatory form to be used by all temporary agencies. Shortly thereafter, the department posted an online notice with a mandatory form to be used by all New York employers (other than temp agencies) to comply (more…)
The increase in Ohio is not the largest increase in the minimum wage nationwide. In Washington, the increase was 48 cents an hour – to $8.55 hourly from $8.07. Oregon experienced a 45-cent hike, bringing its rate to $8.40 hourly. Connecticut’s rate also went up by 45 cents an hour. The new Connecticut minimum is now $8.00 an hour.
Altogether, 11 states increased their minimum wage rates as of January 1, 2009.
The largest actual minimum wage increase was in New Mexico. Under a new law passed by voters in 2006, the rate went up $1.00 an hour, from $6.50 to $7.50. New Mexico’s increase was not based on the cost of living, however.
In November of 2006, voters in Ohio approved a constitutional amendment mandating that the minimum wage track the inflation rate annual. The state uses the Consumer Price Index (CPI) for urban wage earners and clerical workers for a 12-month period that ends each August.
Because the CPI climbed 4.6% between September 1, 2007 and August 21, 2008, Ohio’s minimum wage also showed an atypically large jump, as did the wage rates in several other states as well.
This January 1 the minimum wage for Ohio workers receiving tips also went up. The new rate is $3.65 hourly, an increase of 15 cents. If a tipped employee in Ohio does not earn an average of $3.65 an hour in tips, then the management is required to make up the difference.
Ohio law has an exception whereby smaller companies may pay their workers less than larger companies do. If revenue is below $267,000 in 2009, the company is allowed to pay $6.55 an hour. However, that will only be the case until July 24, 2009, when the new federal minimum wage of $7.25 an hour overrides lower rates.
According to the New Mexico Department of Workforce Solutions, the New Mexico minimum wage increased $1.00 an hour on January 1, 2009, from $6.50 an hour to $7.50 an hour. Minimum wage for overtime for most employees will be $11.25 an hour.
The New Mexico law has its share of exceptions. For example, seasonal employees in some counties are not under the protection of the minimum wage laws, nor are employees of cotton gins. Typically, both the overtime and the minimum wage laws are not applicable to genuine executives, administrators, professionals, supervisors, and superintendents.
Any employer who has not updated his or her New Mexico minimum wage poster should do so now.
Certain workers who are hired to perform investigative work for the federal government are covered by the Fair Labor Standards Act, otherwise known as the FLSA. State law exempts them from the overtime law, which requires that employees working more than 40 hours a week must be paid 1.5 times their regular rate for their overtime. Nevertheless, they are still entitled to the federal minimum wage, at the least.
The minimum wage in New Mexico, incidentally, does not cover those workers under 18 who have not graduated from high school. It is a seldom-utilized and little-known aspect of New Mexico labor law.
Every employer should have a clear written policy prohibiting discrimination in the workplace, including gender discrimination and wage discrimination.
The Paycheck Fairness Act was passed to provide regulator support for the Ledbetter Fair Pay Act.
The voting was largely along party lines, with many (more…)