The federal Fair Labor Standards Act of 1938, as amended,
29 U.S.C. §§ 201-219 (the "FLSA"), and its implementing regulations,
29 C.F.R. § 510 et seq. , mandate that most employees in the United
States be paid at least the federal minimum wage of $7.25 per hour for all
The federal Fair Labor Standards Act of 1938, as amended,
29 U.S.C. §§ 201-219 (the "FLSA"), and its corresponding regulations,
29 C.F.R. § 510 et seq. , require that most employees in the U.S.
be paid not less than the federal minimum wage of $7.25 per hour for
Serving Two Masters Can Trigger Overtime
Gregory W. McClune
While it has been said that "no one can serve two
masters," in our modern society many people work for two or more employers at
the same time. This multiple employment can have significant consequences under...
On September 6, 2011, the New Jersey Department of Labor
and Workforce Development repealed its existing rules governing exemptions from
overtime pay requirements for executive, administrative,
professional and outside sales employees, and instead adopted by reference the
analogous regulations issued...
More and more in this increasingly competitive retail
world, companies are requiring their employees to work long shifts, overnight
shift, and holidays. This year, some retailers like Macy's, Toys 'R Us,
Wal-Mart and Target are getting a jump on Black Friday by opening at midnight
That was the question that the Seventh Circuit Court of
Appeals faced in an opinion released yesterday.
If you don't know, then you don't pay.
Labor Standards Act (FLSA), among other things, establishes minimum wage
and overtime pay standards affecting employees in the private...
Rules Would Increase Overtime Pay For Live-In Domestic Workers in New York
The federal Fair Labor Standards Act, 29 U.S.C. §§
201-219 (the "FLSA"), and its implementing regulations, 29 C.F.R. §§ 510 et
seq. , mandate that most workers in the U.S....
In March 2012, in Gurung v. Malhotra , 10 Civ. 5086 (S.D.N.Y. Mar.
16, 2012) , the U.S. District Court for the Southern District of
New York (Marrero, J.) awarded, to a 22-year-old domestic worker, damages of
$1,458,335 against the maid's former employers - an Indian diplomat and her
In Christopher et al. v. SmithKline Beecham Corp., d/b/a Glasxosmithkline , 567 U.S. ___ (2012), No. 11-204, decided June 18, 2012, the U.S. Supreme Court, in a 5-4 decision, ruled that certain drug sales employees are to be treated as "outside salesmen" under the Fair Labor Standards Act ...
Under the Fair Labor Standards Act , a company must pay overtime to non-exempt employees who work over 40 hours in a particular workweek. Non-exempt, huh? That implies that the FLSA also contains various exemptions from overtime pay for employees who meet those requirements. Indeed it does. One of those...
To most of us, the 4 th of July means a day off from work spent with family and friends, perhaps going to a parade, having a barbeque or watching fireworks. But Independence Day signifies so much more. It not only honors the birthday of our country, but the adoption of the Declaration of Independence...
You may have read about the recent Supreme Court case saying pharmaceutical representatives aren't entitled to overtime because they are outside salespeople. That's because they fit within one of the narrow exemptions to the Fair Labor Standards Act , which is the law requiring employers to pay...
Under the current version of the Fair Labor Standards Act (the "FLSA"), workers that provide companionship services, including home health care workers, are exempt from wage and overtime compensation requirements (the "companionship exemption"). On December 15, 2011, the United States...
We previously blogged about the split among the Circuit courts and state court decisions regarding whether pharmaceutical sales representatives are outside sales employees and therefore exempt from the overtime requirements of the Fair Labor Standards Act ("FLSA"). The Second Circuit held that...
Recent reports have described more than one scenario in
which an employer violated the federal Fair Labor Standards Act because the
employer failed to recognize that non-exempt employees' hours worked over 40
were overtime ones. The employees had performed their work in...
by Stephanie Amin-Giwner
Generally under the Fair Labor Standards Act ("FLSA") an
employer must pay its employees overtime compensation of one and one-half times
the employee's regular rate of pay for hours worked in excess of forty hours
per week. 29 U.S.C. § 207(a)(1). This...
True confession time. I have a Pavlovian response to the
new message chime on my iPhone. I can't help myself. When my phone beeps, I
reach for it. I have no choice.
I'm an exempt employee, which means that I am paid a
weekly salary, with no eligibility for overtime, regardless of how many...
A federal investigation has determined that Upper Crust,
a bankrupt gourmet pizza chain, owes former employees about $850,000 in back
wages and damages. In 2009, the Department of Labor investigated Upper Crust's
refusal to pay its workers overtime and ordered the company to pay $350,000 in
Do you employ home health aides, personal care aides, or certified nursing assistants? Do you pay them less than the minimum wage, or less than time-and-a-half for any hours worked in excess of 40 in a week? If so, then you will need to make a big change to your pay practices beginning January 1, 2015...
When you think of minor league baseball, you may draw on movies like Bull Durham or The Rookie ; long bus trips from stadium to stadium where teams play in front of small crowds for small pay.
Well, apparently, the pay may be small enough to trigger a violation of the Fair Labor Standards Act
So, by now, you've likely read the news, first reported on Wednesday night by The New York Times reporters Michael Shear and Steven Greenhouse that "Obama Will Seek Broad Expansion of Overtime Pay" .
Messrs. Shear and Greenhouse indicated that, yesterday, President Barack Obama was to...
by John E. Thompson
A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that:
♦ Failing to pay non-exempt employees the FLSA-required minimum-wage or overtime compensation by the next regular payday for...
In Bryson v. Middlefield Volunteer Fire Dep’t , the 6th Circuit held that a “volunteer” can qualify as an employee covered by Title VII under certain limited circumstances. In making that determination, a court must examine not only whether the volunteer is paid, but also the degree...
by Rich Ehisen
When Dana's boss first told her he wanted her to call the staff of their newly-minted medical office in a small California town together for an afternoon meeting, she was in no way prepared for the reason he gave her: that from then on he would not be paying any of them for working...
“ Once is happenstance . Twice is coincidence . Three times is enemy action.”
(I’m pretty sure that was from Ferris Bueller)
Yesterday, in the Wall Street Journal, I read Lauren Weber’s article “ Can You Sue the Boss for Making You Answer Late-Night Email? ”...