Information for Workers Impacted by Coronavirus Closures or Schedule Changes

Updated March 31.2020

Common Questions about time off during the crisis:

Can an employer force an employee to use vacation time during the pandemic?

The short answer is probably yes. Federal law does not require that an employer provide paid vacation leave and therefore, it also does not regulate the terms or conditions...

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Staffing agency failed to include bonus and per diem in overtime calculation. Pays $3.2M to settle.

A nurse staffing company has agreed to pay a settlement of $3.2 million to compensate employees who claim that the agency underpaid overtime by failing to include the value of per diem stipends and monetary bonuses in the calculation of overtime rates of pay.

This settlement is yet another...

Staffing agency failed to include bonus and per diem in overtime calculation. Pays $3.2M to settle. Continue reading…

How to Calculate Overtime Pay – Accounting for a Lump Sum Bonus

The Department of Labor has released its answer to a question submitted regarding the proper method for calculating overtime pay for a nondiscretionary lump sum bonus under the Fair Labor Standards Act (FLSA).  The answer is important to workers because it directly impacts the base rate (“regular rate”) from which their overtime...

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Can Per-Project Payments Satisfy the Salary Basis Test for Overtime Pay Exemption?

On January 7, 2020 the U.S. Department of Labor issued an opinion letter responding to an inquiry asking whether payments to certain consultants constitute payments on a fee basis or salary basis under the Fair Labor Standards Act (FLSA). The answer was yes, under the circumstances.  

This issue...

Can Per-Project Payments Satisfy the Salary Basis Test for Overtime Pay Exemption? Continue reading…

Unpaid Overtime Recovered for Guam Workers Paid Straight Time for All Hours

Workers employed by two Guam bakeries have recovered over $100,000 in back wages and liquidated damages for violations of their overtime pay rights under the federal labor laws that govern the payment of overtime in Guam – the Fair Labor Standards Act’s.

These workers were paid their straight time...

Unpaid Overtime Recovered for Guam Workers Paid Straight Time for All Hours Continue reading…

Commissioned Salespeople in Massachusetts Are Owed Overtime Pay

While many employers have never paid overtime or Sunday premium pay to inside commissioned salespeople, the Massachusetts Supreme Court (in May 2019) has ruled Massachusetts State Overtime Law requires employers to pay additional compensation for overtime and Sunday work to commissioned sales employees.

Inside salespersons in all types of...

Commissioned Salespeople in Massachusetts Are Owed Overtime Pay Continue reading…