Overtime – General

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 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…

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…

Seven class action Fair Labor Standards Act (FLSA) lawsuits are pending against McDonald’s Corporation and numerous McDonald’s franchises alleging wage and hour violations. The FLSA requires that employers pay at least minimum wage and provide non-exempt workers overtime compensation at a rate of one and one-half times their standard rate of pay. If you have…

One of the areas that creates a significant amount of confusion – and litigation – in employment law is the issue of misclassification. Misclassification refers to the practice of identifying workers who should be considered “employees” as “independent contractors” and thus denying them the benefits they deserve pursuant to the Fair Labor Standards Act (FLSA).…

The U.S. Supreme Court has agreed to hear a case filed by Nevada workers alleging FLSA violations. In Integrity Staffing Solutions v. Busk, workers who spent time filling Amazon.com orders, have alleged that the Fair Labor Standards Act requires that they be compensated for time spent “emptying their pockets and passing through metal detectors before…

Reality TV now makes up a large percentage of the shows Americans watch. However, unlike network show where most writers are protected by collective bargaining agreements, many reality TV writers lack these protection. As a result, like most workers, they must rely on federal and state wage and hour laws – such as the right…