Overtime – General

In November, just days before the new overtime law was set to become effective, a federal district judge from Texas, Judge Amos Mazzant, issued a preliminary injunction blocking the law from implementation. The Labor Department rule would have doubled the salary level at which hourly workers must be paid extra for overtime pay, from $23,660…

Haliburton must pay $18 million to resolve a Fair Labor Standards Act (FLSA) claim for a mistake that is considered the number one thing employers should not do when compensating salaried employees. According to recent employment law news, the company automatically declared all salaried employees “exempt” from overtime, without considering duties or income at all.…

Recently, there has been a notable increase in lawsuits alleging violations of the Fair Labor Standards Act (FLSA), particularly in the hospitality industry. In fact, a recent Wall Street Journal article highlighted the surge in lawsuits against high-end Manhattan restaurants, noting that similar lawsuits nationwide have doubled in the past decade. This rise can be…

The Department of Labor (DOL) has proposed several changes to the Fair Labor Standards Act (FLSA), particularly regarding exemptions and determining whether workers should be considered exempt or non-exempt. Exempt workers generally do not receive overtime pay, regardless of the number of hours worked, while non-exempt workers are entitled to overtime pay at a rate…

The Department of Labor has issued a new “Administrator’s Interpretation” that provides a narrower definition of what it means to be an “independent contractor.” Determining your work classification, whether you are an employee (exempt or non-exempt) or an independent contractor, has significant implications. Employees are generally entitled to benefits that are not provided to independent…

According to a recent statement by the Department of Labor, the number lawsuits resulting from “per diem” pay are on the rise. Per diem pay is pay that you receive in addition to regular pay, and covers certain reimbursable work-related expenses or costs. Overtime lawsuits may arise in a variety of situations involving per diem…

The Fair Labor Standards Act, enacted in 1938, is an employee friendly law that sets forth certain standards that apply to nearly every U.S. employer. Two of its key provisions are the minimum wage and overtime compensation requirements. Pursuant to the FLSA, all workers must make at least minimum wage and all non-exempt workers are…

For the seventh year in a row, the number of wage and hour lawsuits filed by employees against their employers has increased. According to a recently released report by the federal government, more that 8000 Fair Labor Standards Act (FLSA) lawsuits have been brought by workers. This number represents only federal law suits, were state…

Recently, the Second Circuit Court of Appeals ruled that the owner of a business could be held personally liable for damages resulting from violations of the Fair Labor Standards Act (FLSA). The FLSA provides employees certain protections, including that workers receive at least minimum wage and that non-exempt employees be paid overtime compensation at a…