Wage and Hour Claims
Am I entitled to pay if my office closes unexpectedly?
If your employer closes the office unexpectedly – such as when bad weather, threatens, there’s a power outage, or your server is down – are you entitled to be paid? This depends in part on how you are classified – as exempt vs. non-exempt. If you are non-exempt, then your employer does not need to…
Read MoreNation’s First Wage Discrimination Law Passed
In mid-January, Philadelphia became the first city to pass a wage discrimination law. Hopefully, this will lead to similar actions by cities and states around the country, including Atlanta and Georgia. The new discrimination law prohibits employers from asking job applicants for a record of their past salary. Legislators explain that by basing your new…
Read MoreStudent Athletes Are Not Employees
A recent case evaluated whether student athletes should be considered athletes, and hence entitled to protections provided by the Fair Labor Standards Act (FLSA). The athletes asserted that because they are paid via tuition and scholarships, they should be considered employees and entitled to overtime pay and to earn at least minimum wage. Often, student…
Read MoreCan an Employer Deduct Pay from a Salaried Employee?
An employee paid an hourly rate must be paid for every minute worked and at their hourly rate; there are very few exceptions to this employment law requirement. But what about employees that are paid a predetermined salaried amount each week or each month? Is it permissible for employers to dock their pay for one…
Read MoreEmployee or Independent Contractor?
A recently filed lawsuit against Amazon, Inc. has highlighted an issue that is a growing concern for workers across America – employment misclassification. Pursuant to the Fair Labor Standards Act (FLSA), whether you are classified as an employee or independent contractor can have a significant impact on both the benefits you are entitled to and…
Read MoreAre Part-Time Workers Covered by the Fair Labor Standards Act?
The Fair Labor Standards Act (FLSA) protects workers in many ways, providing that workers are entitled to be paid at least minimum wage, and that non-exempt workers are entitled to be paid time and a half for all hours worked in excess of 40 hours in any one work week. However, many workers in the…
Read MoreCan I Receive Overtime Pay if I Work as a Consultant?
The Fair Labor Standards Act (FLSA) provides that non-exempt workers may be entitled to overtime pay at a rate of one and one-half times a workers standard rate of pay for all hours worked in excess of 40 hours in any one work week. On the other hand, if you are considered exempt, then you…
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 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…
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