FLSA
Restaurant Industry Faces Numerous Claims of FLSA Violations
Wage and hour lawsuits based on violations of the Fair Labor Standards Act (FLSA) have been on the rise for the last several years. The FLSA provides numerous work place regulations, but chief among them are provision that workers be paid at least minimum wage, and that non-exempt workers be paid at a rate of…
Read MoreNew Law Seeks to Provide Independent Contractors with Labor Protections
With the number of independent contractors expanding each year, millions of American workers are without employment protections. Several different factors distinguish employees from independent contractors, generally focusing on the extent of control a company has over how a worker performs his or her job, including how the worker is paid, whether benefits are provided, and…
Read MoreFast Food Chain to pay $7.7M for Misclassifiying Employees
In a recent wage and hour lawsuit, a fast food company agreed to pay more than $7.7M to settle a lawsuit based on misclassification. The Fair Labor Standards Act (FLSA), provides that all employees must be paid at least minimum wage, and that all non-exempt employees be paid overtime compensation at a rate of one…
Read MoreShould you be paid for your summer internship?
With summer upon us, many students are seeking valuable summer internships as a way to gain work experience, and hopefully some money too. However, much confusion exists over whether these internships must be paid, or whether the work experience is sufficient compensation. In general, internships should be paid when the work done benefits the employer,…
Read MoreViolations of FLSA at horse training facility may lead to wage and hour lawsuit
Although the world of horse racing may seem glamorous, a recent investigation has revealed that significant workplace violations against a major training facility. According to filings, the horse racing trainer and his company failed to pay numerous workers what they were entitled to, violating the terms of the Fair Labor Standards Act (FLSA) and the H-2B non-immigrant…
Read MoreThe FLSA Requires Employers to Provide Breast-Feeding Women Time and Place to Pump Milk
According to recent employment law news, a company has settled a Fair Labor Standard Act (FLSA) lawsuit based on a woman being denied adequate time and place to express milk. Federal employment law, including provisions of the FLSA, requires that women be provided a time and place to pump breast milk, specifically “employers are to provide…
Read MoreAM I ENTITLED TO OVERTIME PAY FOR MY “SIDE-JOB”?
More and more workers in the United States moonlight or have “side gigs” (i.e. jobs outside of their standard employment as a way to earn extra cash). Much confusion exists over what, if any, benefits must be paid to these workers and if any of the provisions of the Fair Labor Standards Act (FLSA) apply.…
Read MoreOpinion Letter Distinguishes between Standard Rate of Pay and Regular Rate of Pay
The Fair Labor Standards Act (FLSA) is a complex, federal regulation setting forth many of the nation’s wage and hour laws. It’s scope is vast, but two specific provisions affect the majority of workers in the United States: 1) Workers are entitled to earn at least minimum wage; and 2) Most non-exempt workers are entitled…
Read MoreDepartment of Labor Issues Two New Opinion Letters
The Fair Labor Standards Act (FLSA) sets forth the basic federal wage and hour laws. These laws provide numerous areas of guidance, including that workers must be paid minimum wage and that in general, all non-exempt workers must be paid overtime for hours worked in excess of 40 hours in any work week. However, the…
Read MoreDetermining Compensable Hours Crucial to Determining Rightful Pay
The Fair Labor Standards Act (FLSA) provides that all workers must be paid at least minimum wage. Currently, federal minimum wage is set at $7.25/hour. Violations of this provision are not always obvious as, for example, a miscalculation such as paying you for 7 hours worked when you worked 8. Often, the challenges come in…
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