FLSA
Have 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 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…
Read MoreTime Spent After Hours On Smart Phone May Entitle You To Overtime Compensation
With the proliferation of smart phones, it is easier than ever to communicate. An employer may send a quick text or email after work hours, and expect a response. However, the ease of communication may lead to potential Fair Labor Standards Act (FLSA) violations and abuses. Pursuant to the FLSA, non-exempt workers are entitled to…
Read MoreWhat Duties Are Integral and Indispensable?
The Fair Labor Standards Act (FLSA) applies to most workers in the United States and provides that employees are entitled to earn at least minimum wage, and non-exempt employees must be paid overtime compensation at a rate of one and one half times their standard rate of pay for all time spent working in excess…
Read MoreWage and Hour Collective Actions May Lead To Improved Workplace Conditions
Over the last several years, the number of wage and hour lawsuits filed against employers has steadily increased. Federal lawsuits based on violations of the Fair Labor Standards Act (FLSA) may arise in a variety of situations, but are often based on an employer’s failure to minimum wage or overtime compensation as required by law.…
Read MoreChanges Likely To Exemptions Under The FLSA
President Obama and the Department of Labor have indicated that they will reveal proposed revisions to the Fair Labor Standards Act (FLSA) sometime in early 2015. One of the areas that will be impacted concerns employee “classification.” That is, whether an employee is classified as “exempt v. non-exempt” and thus, entitled to overtime pay or…
Read MoreWhen Should Employees Be Paid For Pre- and Post-Shift Time?
This past week the United States Supreme Court heard argument on a potentially significant Fair Labor Standards Act (FLSA) case. The lawsuit, Staffing Solutions, Inc. v. Busk, involves whether employees who are required to stand in a security clearance line for their employer’s benefit must be compensated. Even though the case only concerns security checks,…
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