Wage and Hour Claims
Department of Justice Requests Delay Until June For Overtime Rule
Employment news reports that the Department of Justice (DOJ) has requested that the final determination concerning the implementation of the new overtime rule be delayed until the end of June. Now, the DOJ will have until June 30, 2017 to file its brief concerning the rule. The new overtime provisions would raise the salary threshold pursuant…
Read MoreNumber of Wage and Hour Lawsuits Continue to Climb
The number of wage and hour claims filed over the last several years has significantly increased. The majority of these claims have concerned the improper classification of employees – whether identifying a non-exempt employee as exempt (thereby denying an employee of deserved overtime), or classifying an employee as an independent contractor (thereby denying a worker…
Read MoreAm 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 MoreWill the New Overtime Rule be Implemented?
In 2016, the Obama administration adopted new regulations that would entitled millions of additional workers to earn overtime pay by raising the threshold to consider worker exempt. The implementation of this rule could potentially increase the take home pay of many workers across the country. However, the implementation of the rule has been delayed. In…
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 MoreWhat to Expect with the New Overtime Pay Law
The newly-approved overtime pay legislation is set to take effect on December 1st, just a few short months away, but most employers and employees alike don’t know the details. If you are in this same group, don’t worry. You still have time to figure out your new rights as an employee or your new obligations…
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