Wage and Hour Claims
Can I Receive Overtime Pay if I Work as a Consultant?
The Fair Labor Standards Act (FLSA) provides that non-exempt workers may be entitled to overtime pay at a rate of one and one-half times a workers standard rate of pay for all hours worked in excess of 40 hours in any one work week. On the other hand, if you are considered exempt, then you…
Read MoreFight to Increase Minimum Wage Takes Center Stage
The fight to increase the minimum wage is becoming a central issue in the upcoming presidential elections. In a recent Republican debate, one of the first questions was whether the candidates intend to support a raise in the minimum wage, and predictably all said no. However, this is not the end of the story. The…
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 MoreWhen Must An Intern Be Paid?
Several recent lawsuits are raising questions about interns and when they must be paid as employees pursuant to the Fair Labor Standards Act (FLSA). The FLSA provides that all workers must be compensated for their work – earning at least minimum wage and for non-exempt workers, overtime pay at a rate of one and one-half…
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 MoreWage and Hour Considerations During The Holiday Season
If you work during the holiday season, and work on the holidays themselves, several different factors may affect your take home pay. For example, holidays often provide extra opportunities to work overtime. Under the Fair Labor Standards Act (FLSA) non-exempt employees who work more than 40 hours in any work week must be paid at…
Read MoreDegree of Control A Central Factor In Determining Who Is An Employee v. Contractor
Recently, several cases around the country involving strippers have highlighted a significant issue for workers in all lines of work – whether you should be classified as an independent contractor or an employee. In the latest case, Terry v. Sapphire, the Nevada Supreme Court determined that strippers at a Las Vegas club should be considered…
Read MoreNCAA 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…
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