The Fair Labor Standards Act (FLSA) is the federal wage and hour law that protects all covered workers from substandard wages and oppressive working hours by requiring that employers pay employees minimum wage and overtime when they work more than 40 hours in a workweek. Determining who counts as an…
For the first time in four years, the U.S. Department of Labor plans to increase the minimum salary level to be exempt from the Fair Labor Standard Act’s overtime requirements. What is the Department proposing? Under the current FLSA regulations, a covered employer must generally pay executive, administrative, or professional (EAP)…
Dijares, CC BY-SA 4.0, via Wikimedia Commons Two wage and hour posts in a row! And this one has an 80’s hair metal track (with a Milton Berle cameo) to back it. So, cut off your sleeves and sing along as we talk about rounding time under the Fair Labor…
By Terry Foote – I took this photograph while attending a Spring Training game, CC BY-SA 4.0, Link Because who is going to click if I had titled this post, “The Third Circuit clarifies when compensable work is the ‘integral and indispensable.'” But, now that you’re here, you might as…
Employment lawyers often quip that they could walk into a workplace and spot at least one violation of the Fair Labor Standards Act (FLSA), the federal law governing the payment of overtime pay at not less than time and one-half the regular rate of pay for all hours worked over…
According to the U.S. Department of Labor, “federal wage and hour investigators have seen corrupt employers try all kinds of scams to shortchange workers and to intimidate or retaliate against employees, but a northern California restaurant’s attempt to use an alleged priest to get employees to admit workplace ‘sins’ may…
Roman Oleinik, CC BY-SA 3.0, via Wikimedia Commons It wasn’t quite instant karma. But two years after paying a worker’s final wages in a wheelbarrow full of oily pennies, an employer learned an expensive wage and hour lesson. A little over two years ago, the U.S. Department of Labor (DOL)…
The Fair Labor Standards Act requires employers to pay covered nonexempt workers overtime pay at a rate not less than one and one-half times the regular rate of pay after 40 hours of work in a workweek. So what happens when employees claim not to receive premium overtime pay despite…
Federal law requires most companies to pay minimum wage and overtime pay for employees unless they qualify for an exemption. Employees generally must meet certain tests regarding their job duties and get a salary of at least $684 per week, which works out to just $35,568 per year. But a new overtime…
Those were the critical issues in a precedential decision that the Third Circuit Court of Appeals issued yesterday. So let’s talk about it. Generally speaking, a federal law called the Fair Labor Standards Act (FLSA) says that people who earn an hourly wage can get overtime (one-and-a-half times their regular hourly wage for…