Overtime Law
New Overtime Exemption Laws To Be Revealed Soon
This past week, Labor Secretary Thomas Perez announced that his agency has finished drafting proposals which would update the Fair Labor Standards Act (FLSA) overtime and minimum wage laws for the first time in over a decade. While no one knows exactly what the proposals will include, many anticipate that they will allow for more…
Read MoreImproper Calculation of Regular Rate of Pay For Overtime May Violate FLSA
Pursuant to the Fair Labor Standards Act (FLSA) non-exempt workers are entitled to be paid overtime compensation at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in any one work week. Employers can get into trouble and may violate the FLSA if they fail to…
Read MoreMisclassification Often Leads to Violations of FLSA
A new wage and hour lawsuit has been filed against the cosmetics company Sephora – alleging several violations of the Fair Labor Standards Act (FLSA). The FLSA provides many protections to workers – including the provisions that workers are entitled to earn at least minimum wage and that non-exempt employees are entitled to earn overtime…
Read MoreHave You Been A Victim of Wage Theft?
The Fair Labor Standards Act (FLSA) provides employees several protections, however many workers still endure violations of wage and hour laws – “wage theft” – and may be entitled to recover compensation including back pay and damages. Some of the most frequent mistakes businesses make, which then deprive workers of the pay they are entitled…
Read MoreUnderstaffing And Overworking Employees May Violate Wage and Hour Laws
Recently, the Pennsylvania Supreme Court upheld a $185 million judgment against a national retailer based on wage and hour violations. The case highlights the extreme tactics some employers use to try to maximize profits, which in this instance ultimately backfired. The retailer attempted to both understaff and overwork its employees. Actions included not allowing workers…
Read MoreCheerleaders Settle Wage and Hour Lawsuit
The Tampa Bay Buccaneers have agreed to settle a class action wage and hour lawsuit filed by it cheerleaders. The 94 former and current cheerleaders have alleged that the football program failed to pay the cheerleaders minimum wage, and that they were required to work unpaid hours including practice time, posing for calendars, charities and…
Read MoreWhat Qualifies As an Exemption Under the Fair Labor Standards Act?
The Department of Labor is currently preparing revisions to the Fair Labor Standards Act (FLSA), which will be issued in the next coming months. Most observers believe that these revisions will include adjustment to the “salary basis” test. Currently, if employees make more than $455 and fall into certain “white-collar” categories, employers may classify such…
Read MoreOscars Raise Issue of Equal Pay
One of the standout moments at the Oscars was actress Patricia Arquette’s call for pay equality – calling for equal pay for equal work. While accepting an award, Arquette spoke out, stating “To every woman who gave birth, to every taxpayer and citizen of this nation, we have fought for everybody else’s equal rights,” she…
Read MoreWhen Must An Intern Be Paid?
Several recent lawsuits are raising questions about interns and when they must be paid as employees pursuant to the Fair Labor Standards Act (FLSA). The FLSA provides that all workers must be compensated for their work – earning at least minimum wage and for non-exempt workers, overtime pay at a rate of one and one-half…
Read MoreUnderreporting 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…
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