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 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 MorePay Considerations When Weather Keeps You Home from Work
Over the past several days Hurricane Dorian has affected United States coastal towns to varying degrees. While the impact on Georgia was limited, with hurricane season just beginning, it’s a good idea for employers and employees to understand their legal rights, and how their pay may be affected if weather impacts their ability to work.…
Read MoreNew Overtime Pay Opinion Letters Issued
The Department of Labor (DOL), has issued 3 new wage and hour opinion letters concerning overtime pay. While opinion letters do not serve as law, they provide guidance when interpreting provisions of federal labor law. Recently, 3 letters were issued concerning the Fair Labor Standards Act (FLSA). These letters help identify under what circumstances workers must be paid…
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 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…
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