Overtime – General
Common Wage and Hour Violations
The last several years have reported substantial increases in wage and hour violations. The majority of these claims are based on violations of the Fair Labor Standards Act (FLSA). The FLSA sets forth numerous regulations protecting workers. These include laws that require workers earn at least the federal minimum wage and non-exempt workers receive overtime…
Read MoreWhat rules apply when employers make “extra” payments to exempt employees?
As the year ends, many exempt employees may earn additional compensation on top of their salaries. This may include bonuses, commissions or percentages of a company’s profits. These payments are often expected and are warranted. Further, these payments are proper pursuant to the Fair Labor Standards Act (FLSA), which provides that certain workers may be…
Read MoreOvertime Exemption to Be Revisited
The Trump administration is set to revisit the overtime exemption rule in the upcoming months, according to the regulatory agenda. This rule has been in flux in recent years. The Obama administration had raised the salary threshold to be considered exempt to $47,500/year, thereby significantly increasing the pool of workers who may be entitled to overtime…
Read MoreSupreme Court Evaluates Arbitration Agreements
In an employer friendly decision, the U.S. Supreme Court just issued a ruling that may make it more difficult for employees to fight discrimination. The Court upheld the legality of arbitration agreements that include provisions waiving employees’ rights to join class-actions. This means that workers who have signed these agreements, most likely must take up…
Read MoreExemptions need not be “narrowly” construed
A recent Supreme Court decision concerning how workers are classified (whether as exempt or non-exempt) may potentially have widespread impact on this issue. In the matter, a car dealership classified workers as exempt. If a worker is considered exempt, then he or she will not be entitled to overtime pay, regardless of the number of…
Read MoreThe Importance of Keeping track of All Time Worked
Two of the main provisions of the Fair Labor Standards Act (FLSA) is that all non-exempt workers be paid at least minimum wage and that they receive overtime pay for all time worked over 40 hours in any one work week. An employer’s failure to pay for all time worked may violate the law, and…
Read MoreA Brief Overview of Georgia’s Overtime Laws
In 1938, Congress passed the Fair Labor Standards Act, which would go on to become the foundation for the relationship between employers and employees that we still adhere to today. Perhaps the most well-known provision of this law pertains to work hours and how they could make an employee eligible to receive overtime pay. While…
Read MoreCommon Violations of the FLSA
As many workers are aware, Obama-era changes to the Fair Labor Standards Act (FLSA) set to be implemented in November were placed on hold by a federal judge, and it is unlikely that the salary threshold will be raised to the level suggested at the time. The threshold was set to be raised to $913/week…
Read MoreImplementation of Proposed Overtime Rule Varies Amongst Employers
As many are aware, the Department of Labor established new rules concerning overtime pay exemptions, which were set to take effect on December 1, 2016. However a Texas judge granted a temporary injunction stopping the rules from taking place. Nonetheless, many businesses had already taken steps to adjust to the new rules, and were left…
Read MoreWage and hour laws may be affected by changes at local level
With the federal overtime law on hold, many wonder how their rights to overtime pay and minimum wages will be affected. While what the federal government will do remains to be seen, most believe that the new rule which would have raised the salary threshold for being labelled exempt (and thus unable to earn overtime…
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