Overtime – General
Should you be compensated for time spent putting on and taking off protective gear?
A recent case heard before the U.S. Supreme Court evaluated when your employer must compensate you for putting on/taking off different required types of work gear. The questions involves what is called “donning and doffing” (taking on and off clothes and/or protective gear.) In many instances, your employer may be required to pay you for…
Read MoreSupreme Court May Hear FLSA Case Finding Owner Personally Liable For FLSA Violations
The owner of grocery chain Gristedes Foods Inc. has asked the U.S. Supreme Court to overturn the recent decision finding him personally liable as an “employer” under the Fair Labor Standards Act. This summer, A New York court determined that grocery magnate John Catsimatidis, could be held personally liable for settlement payments in a wage…
Read More2013 Marks 75th Anniversary of FLSA
This year marks 75 years since the Fair Labor Standards Act (FLSA) was passed. Although most workers have benefitted from this and other anti-discrimination legislation, many employees still suffer from discrimination and other work place inequities. The FLSA is pro-worker legislation that sets forth certain minimum wage and overtime standards applicable to virtually all U.S.…
Read MoreFrito-Lay Settles Overtime Pay Case
Frito-Lay has just agreed to pay a $1.6 million to settle and wage and hour lawsuit filed on behalf of current and former employees. The employees involved in the Fair Labor Standards Act (FLSA) lawsuit were in charge of delivering Frito-Lay products to store and arranging in-store displays. The employees alleged that the company failed…
Read MoreWhen Should You Get Paid For Putting On And Taking Off Work Attire?
In the ongoing discussion of when employers must pay you for time spent putting on and off protective work clothing, the U.S. Supreme Court recently evaluated under what circumstances employers are required to treat as compensable the time employees spend putting on and taking off protective clothing. The focus of the case is what constitutes…
Read MoreEmployers May Be Held Personally Liable For Overtime Wage And Pay Violations
The federal government wants to make sure you get paid what you deserve and that your employer is not taking advantage of you. In fact – the federal government is so employee friendly that in certain situations it will find public officials individually responsible for violations of the Fair Labor Standards Act (FLSA). The FLSA…
Read MorePolice And Firefighters Entitled To Overtime Based On How They Divide Their Duties At Work
A recent 11th Circuit case has determined that employees who spend time on both firefighting and law enforcement duties are entitled to overtime based on how they divide their time on each duty. Generally, under the FLSA, employers must pay employees overtime at the rate of time-and-a-half times their regular rate of pay for all…
Read MoreExotic Dancers Allege Misclassification
One of the biggest issues that arises in wage and hour litigation is misclassification – such as when you’re employer labels you an “independent contractor” instead of an employee or a “non-exempt employee,” instead of an exempt one. How you are classified can significantly impact many issues, including your take home pay, whether you are…
Read MoreUndocumented Workers Entitled To Overtime Pay
Several cases around the country have reached the same determination – undocumented workers are protected by the Fair Labor Standards Act (FLSA). This means that even if you are lack the necessary legal documents to work, your employer cannot avoid paying you unemployment or overtime compensation. If you have questions about the FLSA or believe…
Read MoreDid Amazon Violate Overtime Pay Requirements By Not Paying Warehouse Employees For Required Screenings?
The Fair Labor Standards Act (FLSA) provides that all non-exempt workers must be paid overtime at a rate of one and one-half their standard rate of pay. This straightforward sounding rule can be confusing to many, and is the source of a significant amount of wage and hour litigation. Many issues may go into the…
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