Category: Overtime Professionals

The Department of Labor (DOL) made several changes this summer, including 2 announcements that will likely expand the number of workers covered under the Fair Labor Standards Act. The first change involved “white collar” exemptions and the DOL’s proposed rule that the salary threshold for having exempt status be raised from $455/week to $970/week. Workers who are considered exempt do not earn overtime pay, regardless of the number of hours worked in a week. Employers may classify workers as exempt if the meet that threshold level of pay, and fall…

Earlier this summer, the Department of Labor issue new regulations which, if adopted, have the potential to significantly impact “white collar” workers and their ability to obtain overtime compensation. The proposed rules are open for public comment until September 4th, so everyone is encouraged to make their voices heard. Currently, the Fair Labor Standards Act provides that all “non-exempt” workers are entitled to be paid overtime compensation at a rate of one and one-half times their standard rate of pay for all hours worked in excess of 40 hours in…

The issuance of the recent proposed amendments to the Fair Labor Standards Act (FLSA) affecting the circumstances under which someone may be considered “exempt” v. “non-exempt” and when a worker may be entitled to overtime pay underscores the importance of the correct worker classification. In fact how you are classified can have a significant impact, affecting your take home pay, the benefits you are entitled to and the workplace protections you receive.   For example, if you are classified as an independent contractor, you will not be entitled to any over…

According to CNN, the Obama administration is getting closer to issuing its proposed amendment to the overtime compensation laws. The amendment will provide overtime pay to low-salaried managers who don’t currently qualify for them. Pursuant to the Fair Labor Standards Act (FLSA), most “non-exempt” workers are entitled to overtime pay at a rate of one and one-half times their standard rate of pay for all time worked in excess of 40-hours in any one work week. However, “exempt” workers are not entitled to overtime compensation, regardless of the number of…

The Fair Labor Standards Act (FLSA) sets forth overtime and wage guidelines that govern nearly every employee in the United States. Included in the FLSA are requirements that employees earn minimum wage and all employees who are not exempt be paid overtime at a rate of one and one-half times their regular rate of pay for all hours worked in excess of 40. Whether an employee is exempt vs. not-exempt can be a crucial factor in determining how much an employee earns and directly affects if a worker is entitled…

In a victory for workers, the U.S. Supreme Court let stand a 2d Circuit decision stating that pharmaceutical sales reps are entitled to overtime pay. In Novartis, the 2d Circuit court determined that pharmaceutical sales reps are not “outside sales” people and are covered by federal wage and hour laws, entitling them to overtime pay. The court’s reason? Pharmaceutical reps do not actually make sales – they promote drugs to doctors who they hope will then prescribe these drugs. The 2d Circuit also determined that the reps don’t fit into…

If you’ve been fired and receive severance pay, can you still get paid for back wages? Three judges in a Mississippi wage and hour case concluded “yes.” Why? Because severance is not the same as wages. Severance is pay given to an employee that is fired and is considered “additional pay” on top of wages. In a Mississippi case, a woman – Karen Martin – was fired from her job with PepsiAmerica and was offered a severance package with benefits. The package came with a hitch – in order to…

Last week, a California judge certified a class of nearly 3,000 Oracle employees who allege they were misclassified as exempt under California’s Labor Code – similar to the federal Fair Labor Standards Act (“FLSA”) – by denying overtime pay and failing to provide off-duty meal periods. All employees who are not exempt must be paid at a rate of one and one half times their regular rate of pay for all hours worked in excess of 40 hours in any workweek. Whether an employee is “exempt” is one of the…

n a recent decision, the Second Circuit determined that Novartis Pharmaceutical Corps representatives were not covered by the “outside sales” exemption under the Fair Labor Standards Act and hence, were entitled to overtime pay. Pursuant to the FLSA, employees who are not exempt must be paid at a rate of one and one half times their regular rate of pay for all hours worked in excess of 40 hours in any workweek. One of the biggest issues to arise under the FLSA is whether the work you do is considered…

Many college students look forward to the summer as an opportunity to gain experience in the work place before getting their first “real job.” One way to do this is to be hired as an unpaid intern at a company. Interns agree to forego pay for in exchange for hands-on experience. However, recent reports have detailed employers taking advantage of interns as a source of free labor. In order to provide guidance regarding this growing problem, the Department of Labor has just issued a fact sheet detailing what constitutes an…