Articles

The U.S. Department of Labor has recently issued regulations that update several important provisions of the Fair Labor Standards Act (FLSA) – including tip credits, bonus payments under fluctuating workweeks (a/k/a Chinese Overtime) and overtime for Service Advisors. The new … Continue reading →

Oil Spill Claims Adjusters Sue to Recover Overtime Pay Claims adjusters working for BP and Worley Catastrophe Response in the wake of the Deepwater Horizon oil spill have filed a lawsuit claiming that they are owed overtime pay under the … Continue reading →

Restaurant Ordered to Pay Tipped Employees, Cooks, Dishwashers and Bussers almost $400,000 As observed by the Labor Department, and as anyone who has worked in restaurants knows, “there is often a lot of abuses in the restaurant industry” when it … Continue reading →

According to recent filings with the federal court in New York,  Dick's Sporting Goods Inc. has agreed to pay up to $15 million to resolve a number of wage-related claims brought by current and former employees who say the company … Continue reading →

The Bureau of Labor Statistics has estimated that more than 10.3 million workers in the United States, over 7% of the entire workforce, are classified by businesses as Independent Contractors.   A Department of Labor study in 2000 concluded that up … Continue reading →

The FLSA (federal Fair Labor Standards Act) and similar state labor laws prohibit employers from retaliating against employees who exercise their rights under the law.  When an employer is found to have engaged in such unlawful retaliation, the consequences can … Continue reading →

$1,000,000 in Overtime Wages and Penalties to be paid by Insurance Giant  In yet another example that dispels the myth that large companies always "get it right" and classify and pay employees correctly, UnitedHealthcare has agreed to pay 479 of … Continue reading →

$234,311 FINE AGAINST CALIFORNIA SUBCONTRACTOR FOR WAGE AND HOUR VIOLATIONS – LABOR DEPARTMENT Acclaim Technical Services Inc. in Huntington Beach, California was alleged to have violated the Fair Labor Standards Act by failing to properly pay its workers for all … Continue reading →

Former employees of Chipotle restaurant have sued the company claiming that it did not   pay them their final wages in a timely manner after they were terminated for failing to provide documents proving they are eligible to work in the … Continue reading →

Pipeline company, Kinder Morgan Energy Partners LP and Kinder Morgan Inc., have been sued for allegedly failing to pay proper overtime wages to more than 4,500 of its employees.  The claim involves the manner in which employees’ regular hourly rate … Continue reading →

Two Washington state Chinese restaurants have agreed to pay $420,000 in back wages and liquidated damages to 83 employees in order to settle a wage and hour lawsuit filed against them by the Department of Labor (DOL) that alleged several … Continue reading →

A number of lawsuits have been filed against several oilfield service companies, including FracTech, Moody International, ENGlobal and WellsCo by workers seeking to recover unpaid overtime pay.  Claims for unpaid overtime are being investigated on behalf of similar workers at … Continue reading →

In a significant victory for workers in the mortgage industry, the United States Court of Appeals for the Second Circuit has held that underwriters for J.P. Morgan Chase had been misclassified as exempt, when in fact, they were non-exempt.  The … Continue reading →

Though not covered in the Federal Labor Standards Act (FLSA) mandatory overtime is a chronic problem in many fields, particularly nursing and other related medical positions. The foundation for all minimum wage and overtime pay laws, the Fair Labor Standards … Continue reading →

The Cost of Mandatory Overtime: Too High? Several states have undertaken to correct what many feel is a serious omission in the national Fair Labor Standards Act—a total lack of legal limitations on mandatory overtime, particularly in professions which can … Continue reading →

The Fair Labor Standards Act (FLSA) states that most people, who work more than 40 hours in a 7 day workweek, must be paid 1.5 times their regular rate of pay, which is called overtime.  An overtime lawsuit is one … Continue reading →

Employed in California?  Your State’s Labor Laws are on Your Side California labor laws for overtime is just one of the many things that makes the state of California one of the most unique places in America.  California labor laws … Continue reading →

Murphy’s Law and the California Lunch Break In 2007, Murphy v. Kenneth Cole Productions, Inc. was considered the most important Employment Law case of the year, with its overall focus on the California lunch break.  This ruling revisited the ground … Continue reading →

Common Wage and Hour Law Violations Wage and hour laws have been put in place on a federal and state level to protect the rights of employees in the workforce.  The Fair Labor Standards Act (FLSA) is the federal standard … Continue reading →

In California, expense reimbursement claims have brought several abusive policies to light, particularly as they relate to employees who earn less than twice the minimum wage. These employment law violations seem to become more frequesnt when economic downturns have everyone … Continue reading →

An Overtime Attorney Can Help Make Sense of Overtime Complexities The complexities of employment are limitless due to the wide variety of employment opportunities as well as Federal and state regulations regulating it, making consulting an overtime attorney almost a … Continue reading →

Overtime Law Firms Handle Wage and Hour Class Action Suits Wage and hour and lawsuits are usually filed as class actions or a variation called collective actions by an overtime law firm.  Why class actions?  Well, usually it is not … Continue reading →

The underlying principle of overtime pay under the Fair Labor Standards Act (FLSA) is that every eligible worker deserves to be paid for his or her labor, and should receive premium overtime reimbursement at or above the rate of 1.5 … Continue reading →

The State of New York is serious about protecting its workers and making sure that they receive payment for all the work they do through the New York state labor laws. The many aspects of employment labor and wage provisions … Continue reading →

California Labor Law Confuses Employers & Employees Due to the complexity of the California labor law, many employers are making mistakes that could prove costly if employees understood their rights in the workplace regarding these overtime laws. California labor law … Continue reading →

In spite of the FLSA Overtime rules, each year employees are cheated out of their overtime pay by their employers.  While some companies may unknowingly keep from paying an employee the overtime pay that they are due some companies intentionally … Continue reading →

Virginia employees may not be protected from overtime violations by Virginia labor laws per se, but they are far from unprotected. Eligible or non-exempt workers are protected by the Federal Labor Standards Act (FLSA) laws which protect every U. S. … Continue reading →

The computer IT tech industry will be seeing a huge change in the way they get paid. A string of class action overtime lawsuits have put workers in the field of IT on alert, and many are realizing that they … Continue reading →

Fed Ex in Hot Water over Misclassifying Drivers as Independent Contractors In July of 2010, Massachusetts Attorney General’s Office announced that it had reached an agreement with Fed Ex to settle wage and hour claims that the company had been … Continue reading →

The Changing Face of the American Workplace: Should You Be Getting Overtime Pay? Though the concept of protecting the American worker’s right to be paid for all work accomplished on behalf of an employer by way of the Fair Labor … Continue reading →

Although the State of New York wages are covered under the Federal Fair Labor Standards Act (FLSA overtime), the New York legislature has passed even more stringent laws to protect workers there.  Nearly all aspects of wages earned in New … Continue reading →

The employees in New Jersey are protected under a variety of NJ labor laws. Continue reading →

New York First to Protect Domestic Workers with Extended Labor Laws NY labor laws are stepping it up, raising the bar for other states in the protection of their domestic workers.  The new Domestic Workers’ Bill of Rights was signed … Continue reading →

New York overtime law is stronger than the provisions found in the Federal Fair Labor Standards Act (FLSA) which is the bedrock of American wage and labor laws. Areas of employment that are regulated by these provisions include minimum wages, … Continue reading →

Under California labor law , breaks such as meal periods and rest periods should be given to employees, and if employers do not follow the following guidelines, they are required to provide certain compensation as stated under in California wage and … Continue reading →

New York labor laws exceed the Federal Fair Labor Standard Act (FLSA) of 1938 which is the basis for labor laws across the country. Nearly every state has set additional labor standards within areas governed by the FLSA. New York … Continue reading →

Minimum wage law is the body of law enacted under the U.S. Department of Labor's FairPay Rules. that prohibits employers from hiring employees and workers for less than a given hourly, daily, or monthly minimum wage.  Today, more than 90% of … Continue reading →

California labor and overtime laws are among the most stringent in the nation in an effort to protect vulnerable minimum wage and low wage-earning employees. Many of the California labor overtime rules and regulations were enacted to protect the workers … Continue reading →

California Labor Law Stacks the Deck against Unwary Employers California labor law protects the rights of California employees to receive overtime pay for those who work more than 8 hours a day and for those who work more than 40 … Continue reading →

 California exempt employees are workers who are not eligible for overtime pay because of their classification as exempt under the Federal Fair Labor Standards Act (FLSA) and related California labor laws. Meant to protect often vulnerable minimum wage or lower-waged … Continue reading →

California labor laws for overtime are more stringent than any other state's overtime laws.  They are designed to be more favorable to workers rather than employers, and because of their complexity, many employers are having a hard time complying. Fair … Continue reading →

Wage and hour claims are those involving violations of the wage and hour laws set forth by the FLSA (Fair Labor Standards Act), as well as, state laws such claims for unpaid wages, unpaid overtime, and minimum wage violations.  If … Continue reading →

California overtime law defines overtime as any hours worked over an 8 hour day or 40 per week.  Though the Federal Fair Labor Standards Act (FLSA) forms the basis for most employee wage and hour regulations, most state overtime laws vary by state. … Continue reading →

Michael D. Lore is an experienced Houston overtime lawyer dedicated to helping workers whose employers fail to pay them unpaid wages and overtime pay as required under the Fair Labor Standards Act (FLSA).  If you feel you have been denied overtime … Continue reading →

Overtime in Texas is calculated to pay 1.5 times an employee’s regular hourly wage for any hours worked over a 40 workweek.  Employees who meet certain requirements under Texas labor laws are classified as either being “exempt” or “non-exempt” from receiving … Continue reading →

Overtime lawsuits are usually class and/or collective action suits by a group of employees alleging violations of the Fair Labor Standards Act (FLSA) and/or state employment laws at the hands of their employer.  Under the FLSA, “non-exempt” employees have the … Continue reading →

Labor and employment law exists to address the legal rights and restrictions on working people and their organizations.  A lawyer or a law firm who specializes in labor and employment law has expertise in the large body of laws, administrative … Continue reading →

Many hospitals and medical facilities are using mandatory overtime for nurses and other healthcare professionals as a usual means of staffing their facilities, even though common sense as well as numerous studies supports the fact that long hours and sleep deprivation … Continue reading →

Some employers place restrictions on when employees can use their paid vacation time, with some going as far as forcing employees to take their vacations at certain times. This is known as forced vacation time. • Employers are NOT required to … Continue reading →

The state of Texas, like many others, follows the federal regulations regarding overtime pay.  Texas overtime pay provisions require that any employee who works more than forty hours per work week should be paid one and one half times the … Continue reading →

The Texas Department of Labor provides unemployment and employment resources for Texas residents, as well as business and labor information and services. The laws set in place by the Texas Department of Labor cover everything from child labor laws to … Continue reading →

Employers and employees both need to understand the Texas overtime laws. There are stiff penalties for those who willfully do not comply with these laws, including criminal prosecution and financial fines. The state of Texas follows the federal labor laws, … Continue reading →

As if things weren’t bad enough for workers in California, Governor Arnold Schwarzenegger, is suggesting a dramatic pay cut for more than 200,000 state employees that would take their pay down to California’s minimum wage rate of $8.00 per hour. … Continue reading →

A skilled lawyer who understands unpaid minimum wage laws will aggressively fight to ensure that you receive the wages you are justly entitled to receive. Many concerned minimum wage lawyers will accept payment on a contingency basis; so if you … Continue reading →

Every year, employees are forced to consult with overtime lawyers that specialize in common overtime problems due to their employers’ failure to make overtime payments. Employees have a right to be paid for their work time, guaranteed by the Fair … Continue reading →

Michael D. Lore, PC respects your privacy. Any personal information you provide to us including and similar to your name, address, telephone number and e-mail address will not be released, sold, or rented to any entities or individuals outside of … Continue reading →

Minimum Wage As of January 1, 2009, Florida’s minimum wage was $7.21.  Effective July 24, 2009, Florida’s minimum wage increased, along with the Federal minimum wage, to $7.25 per hour. Additionally, each year, Florida’s minimum wage is subject to annual … Continue reading →

Q. What if I am a Tipped Employee? A. If an employer elects to use the tip credit provision, it must inform the employee in advance and must be able to show that the employee receives at least the minimum … Continue reading →

Q. What if I am a "salaried" employee? A. The manner in which an employee is paid does not determine their right to overtime pay. Rather, it is an employee’s job duties that determine if they are exempt from the … Continue reading →

Q. What if I agreed to work for a "flat salary"? A. If an employee is covered by the FLSA, and most are, an employer cannot disregard an employee’s overtime hours even if the employee agreed to work for a … Continue reading →

Q. What if I get "Comp time" instead of overtime pay? A. The granting of comp time instead of paying for overtime is not generally permitted, unless you work for the government.

Q. What if I get a "bonus" instead of overtime pay? A. While some employers may offer to compensate employees for overtime work by paying some type of a "bonus OT," this type of arrangement is not generally permitted by … Continue reading →

Q. What if I didn’t report or ask for my overtime? A. It probably does not matter. It is the employer’s obligation to control and document your work. If the employer does not want work to be done it must … Continue reading →

Q. How do I prove the amount of time I worked? A. It is the employer’s obligation to maintain accurate and complete records of the time worked by employees. If an employer does not maintain proper records, the employee is … Continue reading →

Q.What if I did not get permission or ask for the time I worked? A. In most cases, failure to ask is not a defense for an employer in an FLSA case.

Q.Can my employer make a "different deal" with me for overtime work? A. In almost all cases no. Employers and employees who are covered by the FLSA are not free to bargain for either a wage that is below the … Continue reading →

Disclaimer & Notice By submitting this form, you understand that this information is being submitted only so that it may be reviewed and considered by our firm.  Submitting this form does not establish an attorney client relationship and does not obligate … Continue reading →

A. Contact us and we can give you more information and review your specific circumstances.  You can submit your information using the convenient online intake form, send an email or call.

Q. Although my job hasn't changed, I have been reclassified as non-exempt and now get paid for overtime. Shouldn't I have been paid overtime all along?  Can I now recover my overtime pay for the period before I was reclassified? … Continue reading →

Q. I am a Field Service Technician and must call in each day from home to get my day's schedule. Am I on the clock from this point on? A. The question of whether initial activities start the clock has … Continue reading →

Q. I work as a Pharmaceutical Sales Representative and, although I often work more than 40 hours per week, am not paid additional compensation for overtime work. Are Pharmaceutical Sales Representatives exempt from FLSA's overtime requirements? A. This issue is … Continue reading →

Q. What types of employees are entitled to overtime pay – which are not? A. There are two types or categories of employees, exempt and non-exempt. Exempt employees are those who, due to their job duties, are not legally entitled … Continue reading →

Q. Which states have laws that require workers to be given rest periods? A. 7 States have rest periods requirements: California, Colorado, Kentucky, Minnesota, Nevada, Oregon, and Washington.

Q. Working in CA, am I entitled to paid lunch and other breaks? A. Yes.  Under California state law, many workers are entitled to take uninterrupted half-hour lunch breaks and regular paid ten minute breaks during shifts of 3 ½ … Continue reading →

Q. What is the new minimum wage rate and when did it go into effect? A. Workers who are covered by the FLSA are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009.  Prior to … Continue reading →

Q. What is Chinese Overtime? A. If an employee is paid a fixed salary each workweek for hours that vary up and down from week to week, the employer may use an overtime calculation method called "fixed salary for fluctuating … Continue reading →

Q. Other than my "base" pay, should any other payments I receive (eg. Bonuses) be taken into account when calculating my overtime rate? A. In most cases – Yes. Unless your bonus is completely discretionary on the part of your … Continue reading →

Q. How do the lawyers get paid? A. While there is no "standard" arrangement, we handle overtime cases on a contingent fee basis. What this means is that our fees will be calculated as a percentage of any recovery or … Continue reading →

Q. How long does a case take? A. While most cases settle prior to a trial, the process can take from several months to several years. There are many factors that impact the timing in an FLSA case, including where … Continue reading →

Q. What are the time limits? A. In most cases, a Plaintiff can recover unpaid overtime for work done for two (2) years prior to a lawsuit being filed. In some instances, unpaid overtime can be recovered for work done … Continue reading →

Q. Will I be taxed on my recovery? A. Since you are recovering money that is owed to you for unpaid wages that would have been taxed had they been properly paid, the recovery will be taxed as income to … Continue reading →

Q. If I am successful, what will I receive? A. When plaintiffs prevail, they are entitled to recover all unpaid overtime for two or sometimes three years prior to the filing of a lawsuit. In almost all cases, they are … Continue reading →

Q. What is the FLSA overtime rate? A. Time and one-half the "regular hourly rate." If an employee's regular pay is not expressed as an "hourly" rate, their regular pay rate must be converted to an hourly equivalent. The Department … Continue reading →

Q. What can I do to protect my FLSA rights? A. You can file a complaint with the U.S. Department of Labor or hire an attorney to assist you and possibly file a private lawsuit. Private lawsuits are the way … Continue reading →

Q. What about retaliation for making a claim for overtime? A. The FLSA is aimed at protecting the rights of employees and forbids an employer from retaliating against an employee who files a complaint or participates in a legal action … Continue reading →

Q. What if I am an "independent contractor?" A. There are specific legal requirements for determining if someone is an independent contractor. Often times employers will label someone an "independent contractor" when, in fact, they are not. There is no … Continue reading →

Q. What about highly paid Blue-Collar Workers? A. In general, non-management employees in production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers are entitled to minimum wage … Continue reading →

Q. What is a "workweek?" A. The term "workweek" means a period of 168 hours during 7 consecutive 24-hour periods – a 7 consecutive day period. A workweek can begin on any day of the week chosen by the employer, … Continue reading →

Q. What is "overtime?" A. The word overtime is defined under the FLSA, and, in most cases, means all time actually worked in excess of 40 hours per workweek.

Q. What is "work?" A. Work time under the FLSA includes nearly all time spent performing job-related activities. These can include activities performed while "off-the-clock", at the job site or elsewhere, whether voluntary or not. Work can include "off-the-clock" time … Continue reading →

Q. What is the FLSA? A. The FLSA is a very broad federal labor law that dates back to the Roosevelt Administration. Among its provisions, it contains the legal minimum wage provisions, establishes record keeping and child labor standards, and … Continue reading →

A lawsuit has been filed in which plaintiffs allege that Technical Writers for Sun Microsystems and Seebeyond Technology throughout California have been misclassified as exempt employees and seek to recover unpaid overtime wages paid at one-and-one-half times their regular hourly rates … Continue reading →

New York State Labor Laws relating to minimum wage, hours of work, wage payments and supplements, etc. are enforced by the Division of Labor Standards. Minimum Wage The New York minimum wage for most employees is $7.25 per hour, effective … Continue reading →

Minimum Wage Texas follows the Federal minimum wage: $6.55 per hour from July 24, 2008 to July 23, 2009 $7.25 per hour after July 24, 2009 Overtime Regulations Texas follows the Federal law. Overtime pay of time and a half … Continue reading →

California’s labor laws are enforced by the Division of Labor Standards Enforcement (DLSE) in the California Department of Industrial Relations. Minimum Wage California’s minimum wage is currently set at $8 per hour. The current Federal minimum wage rate is $7.25 … Continue reading →

The Division of Occupational Safety (DOS) administers the Commonwealth’s Minimum Fair Wage Law. Minimum Wage The Massachusetts minimum wage for most employees is $8.00 per hour. The current Federal minimum wage rate is $7.25 per hour as of July 24, … Continue reading →