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...
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
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 , 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...
In Garcia v. SAR Food of Ohio , an Ohio federal court rejected an employer’s attempt to dismiss an off-the-clock wage-and-hour claim, because, even though the plaintiff had not reported un-clocked as “working time,” a fact issue existed...
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...
On December 14, 2010, New York State Governor David Paterson signed into law the Wage Theft Protection Act, A. 11726/S. 8380 (the "Act"). The Act substantially increases civil and criminal penalties against employers which break New York's...
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...
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...
by Ted Boehm
The latest twist in the ongoing saga involving the U.S. Department of Labor's changes in its regulatory provisions affecting the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's...
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...
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...
Late last week, the Department of Labor announced that it had filed a wage-and-hour lawsuit against Akron, Ohio, televangelist Ernest Angley and the for-profit buffet his church operates. The allegations are, to put it mildly, ugly. From Ohio.com :
At long last, today is the day. President Obama will announce the new proposed overtime regulations. You can read the Notice of Proposed Rulemaking here .
This will take me some time to read through. After reading the executive summary, the main thrust...
Wages & Hours: Law and Practice covers
all aspects of federal and state laws governing minimum wage, overtime, and
child labor standards. It focuses on the federal wage-hour statutory scheme,
including laws regulating work under government procurement...