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Are My Company’s Workers In New York Employees Or Independent Contractors For Purposes Of Overtime Pay And The Minimum Wage?

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 hours...

What Kinds Of Extra Compensation Offset Overtime Pay In New York?

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 all hours...

Foley & Lardner Labor and Employment Law Weekly Update (Week of July 18, 2011)

Serving Two Masters Can Trigger Overtime Claims By 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...

New Jersey Adopts The Federal Regulations Concerning Exemptions From Overtime Pay Laws

On September 6, 2011, the New Jersey Department of Labor and Workforce Development repealed its existing rules governing exemptions from overtime pay requirements for executive, administrative, professional and outside sales employees, and instead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...

Just Because You Are Thankful You Have a Job, Don’t Let Your Employer Steal from You

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 or earlier...

When Your Employee Works OT on the QT, Must You Pay It?

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. The Fair Labor Standards Act (FLSA), among other things, establishes minimum wage and overtime pay standards affecting employees in the private...

Proposed Federal Rules Would Require Third-Party Employers Of Domestic Workers To Pay Overtime Compensation

Proposed Rules Would Increase Overtime Pay For Live-In Domestic Workers in New York State 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....

Southern District of New York Awards Emotional Distress Damages of $500,000 To Domestic Worker In Unpaid Overtime Case

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 husband...

Supreme Court Rules Drug Company Sales Employees Are Not Entitled to Overtime Pay

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 ...

Supreme Court: No overtime pay for pharmaceutical sales reps

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...

What Does Independence Day Really Mean?

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...

Are You Entitled to Overtime Pay? Probably

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...

Will Home Care Workers Finally Get FLSA Protection?

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...

U.S. Supreme Court Resolves Split Among the Circuit Courts Regarding Whether Pharmaceutical Sales Representatives Are Entitled to Overtime

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...

Overtime Work Is Not A By-The-Job Matter

by John E. Thompson 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...

Commissioned Sales People in Retail Establishments Entitled to Overtime

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...

We Love Our Phones, but Should Employees Be Paid for Using Them Off-Duty?

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...

Department of Labor Determines Upper Crust Pizza Owes Employees $850,000 in Unpaid Wages and Overtime

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 unpaid...

Department of Labor Expands Wage and Hour Laws to Home Care Workers

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...

Three Minor Leaguers Claim Major League Baseball Violated the Fair Labor Standards Act

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 As...

What Is It Exactly That President Obama Wants to Do to the FLSA?

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...

Court of Claims: Late Payment of Overtime Wages Resulted in an FLSA Violation

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...

6th Circuit Rules in Favor of Nonprofit on Discrimination Claim Brought by Volunteers

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...

Stopping Wage Theft Easier Said Than Done

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...

Just How Nervous Should Companies Be About FLSA Lawsuits Over Employee Smartphone Use? (Hint: Very)

“ 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? ”...