Wage and Hour Claims
When are salaried employees entitled to overtime pay?
The Fair Labor Standards Act (FLSA) provides many protections to workers – including the right to earn at least minimum wage and for most non-exempt workers, to earn overtime compensation for all hours worked in excess of 40 in any work week. However, many people have the misconception that if you are a salaried employee,…
Read MoreWage and hour case may signal a sea change in calculating de minimis time worked
A recent employment law determination out of California could have widespread implications in all states in regards to wages earned. In a case brought by a Starbucks employee against the coffee giant, the court determined that small periods of time worked – “de minimis” time must be compensated. Legal observers note that this decision however…
Read MoreWhat labor laws protect independent contractors?
The Fair Labor Standards Act (FLSA) provides several work place protections for employees. These include ensuring that all workers be paid at least minimum wage and non-exempt employees are entitled to earn overtime compensation for all hours worked in excess of 40 in any work week. Further, Title VII provides protection against discrimination on the basis…
Read MoreWhen Should Internships Be Paid vs. Unpaid?
With summer upon us, many students are anxious to find work or an valuable internship, and employers are excited to offer opportunities to eager workers. However, before a student decides to take an internship without pay, it’s important to understand whether he or she is rightfully entitled to pay, and under what circumstances it is permissible…
Read MoreCommon Wage and Hour Mistakes Restaurant Workers Encounter
If you work in a restaurant, especially as a tipped worker, there are a number of common errors that many restaurant owners make when it comes to pay. If you believe that any of these apply to you, it’s a good idea to speak with an attorney to review your options. One common area of…
Read MoreDOL issues 3 new opinion letters
The Department of Labor (DOL) has just issued three new opinion letters on various topics that affect the enforcement of wage and hour rules and regulations. While the opinion letters do not have the force of law, they do provide guidance concerning compliance. The options letters addressed 3 different topics: 1) What constitutes compensable “work…
Read MoreHow Does Daylight Savings Time Affect My Pay?
This weekend marks the beginning of daylight savings time. On Sunday, March 11 at 2 a.m., time will “spring ahead” one hour for most states across the country. Late shift workers and other over-night employees may wonder about the impact of the time change on their take home pay. The Fair Labor Standards Act (FLSA)…
Read MoreThe Importance of Cracking Down on Minimum Wage Violations
A recent investigation by Politico determined that as legislative fights continue concerning raising the minimum wage, enforcement of current minimum wage laws can be a challenge. The national minimum wage remains at $7.25/hour, with several cities and other local municipalities having higher pay rates. Despite the encouraging news that minimum wage rates are rising, many…
Read MoreProposed changes to tip rules may deprive workers of significant earnings
The Department of Labor (“DOL”) has announced that it plans to change some of the parameters concerning tipped employees, including the use of tip pools. The new policy would allow employers to pool tips as long as the employees earn minimum wage. Thus far, no announcements have been made concerning how the tips will be…
Read MoreWhat is a joint employer?
The Supreme Court has just announced its decision denying review of the recent 4th Circuit Court test for determining who is a joint employer. Whether a company/individual is a joint employer is a significant issue for many businesses and means that it may be possible to hold related businesses liable for each other’s illegal employment…
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