Overtime Law
NCAA Sued For Wage Violations
A new wage and hour lawsuit has been filed against the NCAA asserting violations of the Fair Labor Standard’s Act (FLSA) minimum wage provision. The lawsuit, which was filed in the U.S. District Court in Indianapolis by a former soccer player, alleges that student athletes should be considered “temporary employees” of Division I schools, similar…
Read MoreWage and Hour Questions Prevalent In Health Care Industry
Federal labor law (the Fair Labor Standards Act – FLSA), provides many protections for the vast majority of this country’s workers. Pursuant to the FLSA, workers must be paid at least minimum wage and all non-exempt workers are entitled to overtime compensation at a rate of one and one-times their standard rate of pay. Although…
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,…
Read MoreWho Is an Employer or Employee Under the FLSA?
Determining who is your employer and conversely whether you are considered an “employee” are hot topics pursuant to the Fair Labor Standards Act (FLSA). Pursuant to the FLSA, employers owe employees certain rights. These include the right to be paid at least minimum wage, and that all non-exempt employees are entitled to overtime pay at…
Read MoreWage Theft Has Cost Low Income Workers Billions In Compensation
NBC News reports that wage theft is costing low wage earners literally billions in lost compensation. According to an analysis published by the Economic Policy Institute, close to $1 billion was recovered in 2012 on behalf of workers for Fair Labor Standards Act (FLSA) violations – such as being paid less than minimum wage or…
Read MoreShould You Be Receiving Overtime Pay?
A recent article in the New York Times looked at a complicated overtime pay issue – one that President Obama is seeking to simplify. The question is – who is entitled to overtime compensation? Under federal labor law – the Fair Labor Standards Act (FLSA) – if you are a non-exempt hourly wage earner you…
Read MoreCheerleaders Win Wage Theft Lawsuit
The Oakland Raiders cheerleaders – The Raiderettes – have just settled their wage and hour lawsuit against the team. The minimum wage and overtime lawsuit asserted that the Oakland Raiders violated labor laws in several ways, including the failure to pay minimum wage and overtime compensation as required by law. Pursuant to the Fair Labor…
Read More$4.2M Settlement in Wage and Hour Lawsuit
Financial services group Morgan Stanley has reached a nearly $5M settlement with its client services group concerning its alleged failure to pay workers overtime compensation. According to reports, the class action wage and hour lawsuit was filed on behalf of more than 800 current and former client associates. The associates were non-exempt employees, and hence…
Read MoreWage and Hour Lawsuits May Affect Tipped Employee Compensation
Two wage and hour lawsuits are making their way through the court system that could have a large impact on how tipped employees are paid. Pursuant to the Fair Labor Standards Act (FLSA), employers may pay certain types of workers (such as waiters and waitresses) less than minimum wage. The law presumes that the amount…
Read MoreHow Do Wage and Hour Laws Apply to Telecommuting?
More and more Americans are telecommuting for work. This trend can be highly beneficial for both employers and employees. By allowing employees to telecommute, employers can save money on office space and employees may be more efficient with the elimination of the hassles of commuting. Many employees also enjoy the flexibility telecommuting provides. However, telecommuting…
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