FLSA
Underreporting of Time Not An Excuse To Violate the FLSA
Pursuant to the Fair Labor Standards Act (FLSA) generally employers must pay all non-exempt workers overtime compensation at a rate of time and a half for all times their standard rate of pay for all time worked in excess of forty hours in a work week. Employers are not allowed to use the excuse that…
Read MoreTime Spent After Hours On Smart Phone May Entitle You To Overtime Compensation
With the proliferation of smart phones, it is easier than ever to communicate. An employer may send a quick text or email after work hours, and expect a response. However, the ease of communication may lead to potential Fair Labor Standards Act (FLSA) violations and abuses. Pursuant to the FLSA, non-exempt workers are entitled to…
Read MoreWhat Duties Are Integral and Indispensable?
The Fair Labor Standards Act (FLSA) applies to most workers in the United States and provides that employees are entitled to earn at least minimum wage, and non-exempt employees must be paid overtime compensation at a rate of one and one half times their standard rate of pay for all time spent working in excess…
Read MoreWage and Hour Collective Actions May Lead To Improved Workplace Conditions
Over the last several years, the number of wage and hour lawsuits filed against employers has steadily increased. Federal lawsuits based on violations of the Fair Labor Standards Act (FLSA) may arise in a variety of situations, but are often based on an employer’s failure to minimum wage or overtime compensation as required by law.…
Read MoreChanges Likely To Exemptions Under The FLSA
President Obama and the Department of Labor have indicated that they will reveal proposed revisions to the Fair Labor Standards Act (FLSA) sometime in early 2015. One of the areas that will be impacted concerns employee “classification.” That is, whether an employee is classified as “exempt v. non-exempt” and thus, entitled to overtime pay or…
Read MoreWhen Should Employees Be Paid For Pre- and Post-Shift Time?
This past week the United States Supreme Court heard argument on a potentially significant Fair Labor Standards Act (FLSA) case. The lawsuit, Staffing Solutions, Inc. v. Busk, involves whether employees who are required to stand in a security clearance line for their employer’s benefit must be compensated. Even though the case only concerns security checks,…
Read MoreWho Is an Employer or Employee Under the FLSA?
Determining who is your employer and conversely whether you are considered an “employee” are hot topics pursuant to the Fair Labor Standards Act (FLSA). Pursuant to the FLSA, employers owe employees certain rights. These include the right to be paid at least minimum wage, and that all non-exempt employees are entitled to overtime pay at…
Read MoreBelo Plan Contracts
One of the requirements in the FLSA to prove that an employee is under salary and not an hourly employee for the purposes of paying overtime is the concept of a “constant weekly wage,” where the employee gets a set salary for set hours worked per week. Any variance on that theme can result in…
Read MoreMinor Lifeguards and the FLSA
Summer isn’t yet in full swing, but it is already hot here in Atlanta. One of the great summer jobs is lifeguarding, but it is employment that brings with it potential hazards, especially for people under the age of 18. Lifeguards who are minors have their own classification under the Youth Employment provisions of the…
Read MorePending FLSA Legislation
Two major amendments to the Fair Labor Standards Act, one each by a Republican and a Democrat, could profoundly change several FLSA standards for overtime and minimum wages if and when they are passed into law. The first, introduced in February by Congresswoman Cathy McMorris Rodgers (R. WA), would allow comp time in the private…
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