Determining whether you are an employee or an independent contractor involves more than just examining your job title or the nature of your work. It's about delving into the specifics of your work arrangement, from the degree of control your employer has over your tasks to how you're compensated for your...
Can an Employee Earn Holiday Pay and Overtime in the Same Week?
Understanding how holiday pay and overtime are calculated can be challenging for employees, especially during weeks that include recognized holidays. Many workers are uncertain if they can receive both types of compensation simultaneously. Employees who want to effectively advocate for their rights need to understand the legalities, common misconceptions, and the role...
Is “Mandatory Overtime” Legal for Nurses?
Mandatory overtime for nurses raises important legal and ethical questions. As a nurse, understanding the laws and regulations governing extended work hours is crucial. This often involves exploring federal and state-level legislation, such as the
Can Employers Force Employees to Use Vacation Time?
Imagine planning your work calendar one day when you're suddenly informed that you're going on vacation—but it's not a matter of your choosing, it's a directive from your employer. This scenario raises a critical question: Can your employer legally force you to take a vacation? In this article, we'll look at the...
Ask the Attorney: My employer requires us to be in 15 minutes before 9:00 a.m. Is that considered overtime?
The modern workplace often comes with various expectations, including how employees prepare for the start of the business day. One common expectation is for staff to be at their desks, ready to begin, a few minutes before the official start time. While this might seem like a reasonable request to ensure smooth...
Hospital Time-Rounding Policy Might Violate FLSA
Hospital employees often clock in and out at the peripheries of their shifts, trusting that their time is tallied fairly and that their paychecks reflect every minute worked. Yet, when timekeeping policies round these hours to the nearest interval, questions arise about adherence to the Fair Labor Standards Act. A recent ruling...
Missteps in Classification: The Consequences of Misidentifying Employees
Employee misclassification is a prevalent issue in the modern workforce. At its core, it revolves around the incorrect categorization of workers, typically as independent contractors rather than employees. This distinction has profound implications, affecting wage rates, benefits, and legal rights. Many employers, either intentionally or due to misunderstandings, find themselves facing...
NY Labor Law Allows Cases Over Late Payments, Says Judge
A recent judicial decision has marked a significant development in New York's employment law concerning late wage payments. This ruling opens the door for employees to hire their own lawyers to seek legal recourse when their paychecks are not provided in a timely manner. For employers, this serves as a critical...
The Davis-Bacon Act: Who Can File a Claim?
The Davis-Bacon Act, established during the Great Depression, serves as a foundational piece of legislation ensuring that workers on federally funded construction projects receive fair wages. It mandates that contractors and subcontractors pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and benefits for corresponding...
What Happens If an Employee Is Misclassified as an Independent Contractor?
The distinction between an employee and an independent contractor has far-reaching implications, particularly when it comes to safeguarding workers' rights. Proper classification ensures that individuals receive the benefits and protections they deserve in their professional roles. However, when these lines are blurred, workers may face financial challenges, diminished job security, and...