The Fair Labor Standards Act Protects Your Right to Tips
A lawsuit, filed in early 2010, saw employees of different Outback Steakhouse’s claim that they were unfairly being forced to share tips with other employees. Under the alleged “unfair” system, employees had to split tips with bussers, hosts and dishwashers. The employees were not told...
Assistant Managers, Overtime and the FLSA
Many businesses pay a salary to their assistant-manager-level employees without paying them overtime and without considering whether they truly qualify for the executive exemption. Misclassifying assistant and associate managers In order to qualify for the executive exemption, an assistant or associate manager must be paid...
Tankermen, Seaman, Maritime Employees, and FLSA Overtime
What is a Maritime Worker? The maritime job titles vary, but one thing is certain: Tankermen, oil rig workers, stevedores, shipyard workers, dockyard workers, wharfies, longshoreman, oil rig employees and other maritime employees are often misclassified as “Seaman” under the FLSA. This may affect your...
Auto Mechanics, Technicians and FLSA Overtime Pay
Are auto mechanics and technicians entitled to overtime pay? This question lies at the heart of several wage and compensation claims and lawsuits within the automotive service and repair industry. FLSA Overtime, Regular Wage and Minimum Wage Lawsuits The resulting Fair Labor Standards Act (FLSA)...
Illegal Alien Employees Win Lawsuit Regarding Lost Overtime Pay
In April 2012, the Department of Labor sued a business in New York City for failing to pay workers overtime. The business was a nail salon, Cindy's Total Care, Inc. on Manhattan’s Upper West Side who fought back against the lawsuit. What was their explanation?...
California Overtime Law – Calculating California Overtime
California labor laws and overtime pay can be tricky to understand...which makes calculating the overtime pay you are owed can get even trickier. You might be happy to know however, that California overtime laws are some of the most favorable to employees.  California employers are...
Alaska Communications Sued for Overtime and Wage Violations
Overtime Pay Lawsuit Example: Alaska Communications Systems GroupA class and collective action suit was filed recently against one of Alaska’s largest communications companies.  The suit alleges that Alaska Communications Systems Group failed to pay its sales and marketing employees overtime pay as required under federal...
Employee Or Independent Contractor?
With tax time upon us once again, the IRS is warning against businesses declaring employees as independent contractors. As businesses try to save money and cut back the amount they pay employees, hiring new talent as independent contractors can be a great, legal way to...
FLSA Retaliation  – Protection for those who Complain about Overtime Pay
In the wake of the Supreme Court's pro-employee ruling that employees who make verbal complaints are protected under the Fair Labor Standards Act’s (FLSA) anti-retaliation provision, the Department of Labor (DOL) has issued new guidance on the topic of retaliation and the legal protections provided...
Straight-Time-Pay-For-Working-Overtime – Common & Costly to Workers
What is Straight Time versus Overtime? Straight Time Pay is when employers pay an employee their regular rate of pay even when they are working overtime hours; when overtime pay should in fact be time and a half.  Our firm routinely receives inquiries from workers...
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