# Overtime Lawyer


## Posts

- [DOL Settles FLSA Wage Violation Case](https://overtimelawyerblog.com/dol-settles-flsa-wage-violation-case/): The United States Department of Labor just settled a federal lawsuit filed, ironically, against the U.S. labor department for violations of the Fair Labor Standards Act (FLSA). The lawsuit asserted that Labor Department employees had not received proper payment for all hours worked, including all overtime compensation. Allegations inlcuded that the DOL improperly classified many of its workers, including labeling many as exempt who were in fact, non-exempt. This settlement – valued at $7M – shows the difficulty in making proper classifications and that no one is immune. In fact, statistics show that nearly 80% of employers have made classification […]
- [10 Best Lawsuit Loans Companies: Top Legal Funding Providers](https://overtimelawyerblog.com/10-best-lawsuit-loans-companies-top-legal-funding-providers/): Finding the right lawsuit loans company can make a huge difference when you’re facing financial stress during legal proceedings. Whether you’re dealing with medical bills, rent payments, or daily expenses while your case moves through the courts, pre-settlement funding can provide the financial relief you need. The challenge is choosing a reputable company that offers fair terms and transparent pricing. After extensive research and analysis of customer reviews, industry ratings, and company practices, we’ve compiled a list of the 10 best legal funding companies currently operating. These companies have proven track records of helping plaintiffs get through difficult financial periods […]
- [Errors in classifying workers as exempt or non-exempt may violate the FLSA](https://overtimelawyerblog.com/errors-in-classifying-workers-as-exempt-or-non-exempt-may-violate-the-flsa/): As companies and employers begin preparation for the new Fair Labor Standards Act (FLSA) amendments to take effect, the incidence of wage and hour lawsuits continues to rise. Most often, this occurs when employers fail to pay their employees the overtime compensation they are entitled to. A number of issues may be to blame. These include the misclassification of a worker as exempt, when they are really non-exempt. The error in classification may be intentional – overtime compensation can add up, so unscrupulous employers may try to avoid paying premium wages in order to save money – or it may […]
- [Atlanta University to Implement New FLSA Rules](https://overtimelawyerblog.com/atlanta-university-to-implement-new-flsa-rules/): A recent report from Emory University in Atlanta notes that the school is preparing to implement the new Fair Labor Standards Act (FLSA) regulations. These amendments increase the salary threshold that must be met before workers can be considered exempt from $23,660 to $47,476. This change will allow significantly more workers to be entitled to overtime pay than previously. According to a human resources representative, the HR department is working hard to identify the exact positions that have previously fallen within the exempt categories, but will no longer meet the criteria due to the FLSA changes. As with most workplaces […]
- [When Are Workers Exempt from Overtime?](https://overtimelawyerblog.com/when-are-workers-exempt-from-overtime/): As many are aware, amendments to the Fair Labor Standards Act (FLSA) will take effect this January. One of the critical changes is the increase in the salary threshold, which will make many more workers eligible for overtime pay. By raising the threshold, those who make less than $913 may be entitled to overtime compensation if they work more than 40 hours in any one work week. While this change is significant, it is also important to examine the other components of what makes a worker exempt and thus not entitled to overtime pay, regardless of how many hours they […]
- [Am I protected by the Fair Labor Standards Act if I telecommute?](https://overtimelawyerblog.com/am-i-protected-by-the-fair-labor-standards-act-if-i-telecommute/): The Fair Labor Standards Act (FLSA) provides many protections to the majority of workers in America, including minimum wage and overtime pay for non-exempt workers who put in more than 40 hours in any one work week. However, many workers who telecommute wonder how these rules apply to them and whether they are entitled to wage protections. According to statistics, roughly 37% of US workers have telecommuted. Telecommuting creates challenges including how to keep track of time – what if workers work through breaks and meal periods? What about time spent on required travel to meetings, taking calls “after-hours” and […]
- [Department of Labor Releases New Fair Labor Standards Act Poster](https://overtimelawyerblog.com/department-of-labor-releases-new-fair-labor-standards-act-poster/): The Department of Labor (DOL) has just released its new, updated poster with amended Fair Labor Standards Act (FLSA) rules. Keep your eye out for the new poster, which replaces last year’s and provides notice to employees concerning updated regulations. The FLSA requires that employees be paid at least the federal minimum wage (currently $7.25/hour), and provides that non-exempt employees may be entitled to received overtime compensation for hours worked in excess of 40 hours at a rate of one and one-half times their standard hourly wage. Pursuant to law, any employer of employees subject to the FLSA’s minimum wage […]
- [How Do Bonuses Affect Your Right To Overtime Pay?](https://overtimelawyerblog.com/how-do-bonuses-affect-your-right-to-overtime-pay/): With the new Fair Labor Standards Act (FLSA) guidelines set to come out January 1, 2017, many employees and employers have questions about how this will affect their take home pay and whether they’ll be entitled to overtime pay. Pursuant to the amended guidelines, the new salary level threshold has been increased from $455/week to $913/week. This means that many employees that earn more than $455 but less than $913 should be reclassified from exempt to non-exempt, thus entitling them to bring home overtime pay. Overtime pay is typically calculated by multiplying a workers standard rate of pay by 1 […]
- [When Can Your Employer Use Your Tips towards Minimum Wage?](https://overtimelawyerblog.com/when-can-your-employer-use-your-tips-towards-minimum-wage/): Pursuant to the Fair Labor Standards Act (FLSA), employers may take the amount a worker earns in tip to “offset” the amount they are required to pay towards minimum wage. However, very specific rules exist concerning when an employer may claim a “tip credit.” For example, employers may only apply “tip credits” when the worker is allowed to retain all of their tips. A recent case addressed the issue of tip credits when credit cards are involved. In this instance, the employer deducted expenses from credit card tips for fees charged by the credit card companies. The court determined that […]
- [Is your employer paying you all it should under the FLSA?](https://overtimelawyerblog.com/is-your-employer-paying-you-all-it-should-under-the-flsa/): With several wage and hour amendments set to become effective later this year, it’s important for employees to understand their rights in order to ensure they are paid all of the wages they deserve. For example, employers may fail to pay workers overtime compensation that they are entitled to because they mistakenly classify them as “exempt.” With the salary threshold having recently been increased from $455/week to $913/week, millions of Americans who were previously considered exempt, and hence not able to receive overtime pay, may now be able to bring home significant additional wages. While many more people may be […]
- [The Importance of Increasing the Minimum Wage](https://overtimelawyerblog.com/the-importance-of-increasing-the-minimum-wage/): The fight for an increased minimum wage has gained steam over the last year, with many cities adopting a $15/hour minimum wage, and some states such as New Jersey, considering a statewide higher wage. While the federal minimum wage remains at $7.25, the Obama administration has pushed for legislation increasing the wage, and the Democratic Party has now included passage of a $15 minimum wage as part of its platform. Raising the minimum wage has several benefits. First, on obvious benefit is that those lower wage earners would increase their take home pay. This could in turn raise the family […]
- [New Salary Threshold Will Make Millions of New Workers Eligible for Overtime Pay](https://overtimelawyerblog.com/new-salary-threshold-will-make-millions-of-new-workers-eligible-for-overtime-pay/): With the salary threshold amendments to the Fair Labor Standards Act (FLSA) set to become effective on December 1, millions of additional American workers will become eligible for overtime pay. The amendment with double the annual salary level that limits who is entitled to overtime pay. The current threshold level is $23,660. This means that if you make more than this amount, and perform certain “white collar” duties, you may be considered exempt and not entitled to extra compensation, regardless of the number of hours worked. The threshold will now be raised to $47,476, which will dramatically increase the number […]
- [Minimum Wage Lawsuit Filed Against Amazon](https://overtimelawyerblog.com/minimum-wage-lawsuit-filed-against-amazon/): A new wage and hour lawsuit has just been filed against Amazon.com following the launch of it’s instant delivery system – Prime Now. Prime Now offers “instant delivery” – offering shoppers the option to request the delivery of thousands of items within one-to-two hours. The lawsuit alleges numerous violations, including failing to pay overtime, failing to provide breaks, and failing to pay minimum wage. The workers also assert that Amazon wrongly classified them as independent contractors when they were effectively employees. Although the Amazon Prime Now drivers were hired by a third party contractor, according to the lawsuit, they exclusively […]
- [Changes To FLSA Increase Number of Workers Covered](https://overtimelawyerblog.com/changes-to-flsa-increase-number-of-workers-covered/): 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 into the category of performing executive, administrative or professional duties. […]
- [Proposed Rules To Increase Number of Workers Entitled To Overtime Pay](https://overtimelawyerblog.com/proposed-rules-to-increase-number-of-workers-entitled-to-overtime-pay/): 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 any work week. “Exempt” workers are those who meet certain […]
- [The Importance of Proper Employment Classification](https://overtimelawyerblog.com/the-importance-of-proper-employment-classification/): 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 time pay. To determine whether a worker is an independent […]
- [Minimum Wage Increases Gaining Traction](https://overtimelawyerblog.com/minimum-wage-increases-gaining-traction/): The fight for an increased minimum wage is getting increased traction, with cities on both coasts taking action to raise the wage to $15/hour. In New York, the state has announced that all fast food workers’ wages should be raised to $15 from its current minimum wage of $8.75/hour. Similarly, the University of California has announced that its employees will be paid $15/hour. The U of California system is the first public university to make such a commitment. Other cities are also following suit such as Los Angles, Seattle and San Francisco. Efforts are underway to increase the federal minimum […]
- [Movement To Increase Minimum Wage Gaining Steam Across the Country](https://overtimelawyerblog.com/movement-to-increase-minimum-wage-gaining-steam-across-the-country/): The Fair Labor Standards Act (FLSA) applies to nearly all workers in the United States and provides certain basic protections and guidelines. Among these are the guarantee that workers earn at least minimum wage and that all non-exempt employees earn overtime compensation at a rate of one and one –half times their standard rate of pay for all hours worked in excess of 40 in any workweek. However, workers who are exempt are not entitled to earn overtime pay regardless of the number of hours worked. Currently the federal minimum wage is set at $7.25 an hour, however several states […]
- [Cheerleaders Settle Wage and Hour Lawsuit](https://overtimelawyerblog.com/cheerleaders-settle-wage-and-hour-lawsuit/): The Tampa Bay Buccaneers have agreed to settle a class action wage and hour lawsuit filed by it cheerleaders. The 94 former and current cheerleaders have alleged that the football program failed to pay the cheerleaders minimum wage, and that they were required to work unpaid hours including practice time, posing for calendars, charities and clinics. The Buccaneer’s own website provided that the cheerleaders were “consistently busy rehearsing, performing and volunteering for community events and appearances.” Pursuant to the Fair Labor Standards Act (“FLSA”) – which covers most employees in the United States – employers must pay all workers at […]
- [Department Of Labor Likely To Amend Salary Exemption](https://overtimelawyerblog.com/department-of-labor-likely-to-amend-salary-exemption/): 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 hours worked in a week. The changes are aimed at […]
- [When Must An Intern Be Paid?](https://overtimelawyerblog.com/when-must-an-intern-be-paid/): Several recent lawsuits are raising questions about interns and when they must be paid as employees pursuant to the Fair Labor Standards Act (FLSA). The FLSA provides that all workers must be compensated for their work – earning at least minimum wage and for non-exempt workers, overtime pay at a rate of one and one-half times their standard hourly wage for all time worked in excess of forty hours in any one work week. However, a very narrow set of circumstances allows employers to avoid paying some workers such as summer interns. The rules are very strict though, and companies […]
- [Wage Theft Continues To Plague Workers](https://overtimelawyerblog.com/wage-theft-continues-to-plague-workers/): A recent article underscored the prevalence of wage theft – the failure of employers to pay workers the amount of wages they are entitled to. Addressing “wage theft” can be hard, workers often fear retaliation if they complain about missing wages or believe that they have not been paid all the compensation they rightfully deserve. Many are scared and fear termination – some companies threaten to fire employees or even to force deportation of undocumented workers. However, the Fair Labor Standards Act (FLSA) protects workers from retaliation and wage violations. These protections also apply to undocumented workers. The Fair Labor […]
- [Wage and Hour Lawsuits More Prevalent in 2014](https://overtimelawyerblog.com/wage-and-hour-lawsuits-more-prevalent-in-2014/): As the push for minimum wage increases continue, so too do wage and hour lawsuits. While McDonalds CEO Don Thompson has brought light to the issue of low wages, stating the he would support a bill increasing the minimum wage to $10.10, low pay and wage theft remains a significant problem. Currently the Fair Labor Standards Act (FLSA) provides certain provisions protecting workers including minimum wage and overtime compensation requirements. The current minimum wage is set at $7.25/hour, and although some states have higher requirements, such rate is far too low for many Americans to make a living. If you […]
- [NCAA Sued For Wage Violations](https://overtimelawyerblog.com/ncaa-sued-for-wage-violations/): A new wage and hour lawsuit has been filed against the NCAA asserting violations of the Fair Labor Standard’s Act (FLSA) minimum wage provision. The lawsuit, which was filed in the U.S. District Court in Indianapolis by a former soccer player, alleges that student athletes should be considered “temporary employees” of Division I schools, similar to work-study participants. Based on this theory, athletes are entitled to be paid as much – if not more than – other work-study participants. The FLSA provides that all workers are entitled to be paid minimum wage and those non-exempt workers who work more than […]
- [Employee or Volunteer?](https://overtimelawyerblog.com/employee-or-volunteer/): The Fair Labor Standards Act (FLSA) protects employees in several different ways such as providing that workers be paid minimum wage and non-exempt employees be paid overtime at a rate of one and one-half times their standard rate of pay for each hour worked in excess of 40 in any one work week. However, receiving these protections generally requires that you be an “employee” and not an independent contractor or volunteer. If you have any wage and hours questions, or are concerned that you are not receiving the pay you are entitled to, it is a good idea to consult […]
- [President Obama Seeks To Amend FLSA](https://overtimelawyerblog.com/president-obama-seeks-to-amend-flsa/): President Barack Obama has just released a Presidential Memorandum directing the Secretary of Labor to “propose revisions to modernize and streamline the existing overtime regulations” aimed at revising the federal Fair Labor Standards Act (“FLSA”). The FLSA, enacted in 1938 was designed to provide workers necessary labor protections such as minimum wage and overtime pay. Currently, the FLSA requires that workers earn at least the federal minimum wage of $7.35/hour, although some states have a higher minimum level. The FLSA also requires that all non-exempt workers be paid overtime compensation at a rate of one and one half times their […]
- [Improper Tip Pooling Leads To Significant Wage And Hour Lawsuit](https://overtimelawyerblog.com/improper-tip-pooling-leads-to-significant-wage-and-hour-lawsuit/): Recently, a popular sports bar chain agreed to pay millions of dollars to settle a wage and hour claim. The back wage lawsuit arose as the result of the bar’s improperly withholding tips from waiters and bartenders. Additionally, the lawsuit alleged that “Chickie’s & Pete’s,” violated minimum wage and overtime pay laws. Overtime pay and minimum wage laws provided by federal law in the Fair Labor Standards Act (FLSA) may be confusing. If you have questions about your pay and whether you are receiving all the compensation you deserve, it is a good idea to consult with an experienced Atlanta […]
- [Undocumented Workers Protected by the Fair Labor Standards Act](https://overtimelawyerblog.com/undocumented-workers-protected-by-the-fair-labor-standards-act/): The Fair Labor Standards Act (FLSA) sets forth federal guidelines that affect nearly all employers concerning overtime pay and minimum wage requirements. For example, the FLSA requires that workers be paid at least minimum wage and overtime pay at a rate of one and one-half times their standard rate of pay for those non-exempt workers who put in more than 40 hours in week. A question that frequently comes up is whether undocumented workers are entitled to these protections as well. Several courts across the country have looked at this issue, both from a federal and state law perspective. Recently, […]
- [How Will The Federal Minimum Wage Hike Affect You?](https://overtimelawyerblog.com/how-will-the-federal-minimum-wage-hike-affect-you/): During this week’s the State of the Union address President Obama revealed his plan to hike the minimum wage to $10.10/from $7.25 for federal employees through the use of an Executive Order. Obama stated, “Today, the federal minimum wage is worth about twenty percent less than it was when Ronald Reagan first stood here. Tom Harkin and George Miller have a bill to fix that by lifting the minimum wage to $10.10. This will help families. It will give businesses customers with more money to spend. It doesn’t involve any new bureaucratic program. So join the rest of the country. […]
- [Court Determines Exotic Dancers Are Employees](https://overtimelawyerblog.com/court-determines-exotic-dancers-are-employees/): A Georgia federal court has determined that a group of exotic dancers who are suing a strip club for alleged wage-and-hour violation are employees under the Fair Labor Standards Act (FLSA) rather than independent contractors. In this wage and hour case the court reviewed the dancers claims, specifically that the strip club allegedly violated federal labor laws, by failing to pay exotic dancers denying minimum wage or overtime pay and forcing them to pay “kick-backs” to work. According to the complaint the dancers were only paid by tips received from customers, and often worked more than 40 hours in a […]
- [Minimum Wage to Increase in 13 States](https://overtimelawyerblog.com/minimum-wage-to-increase-in-13-states/): With the coming new year, 13 states will be increasing their minimum wage. Although Congress failed to raise the federal minimum wage, these states have taken action to improve the pay of many minimum wage workers. And another 11 states and the District of Columbia are considering taking action in 2014. The push for an increase in minimum wage follows growing concern about the disproportionate spread of low-wage workers, and the need to increase the amount of disposable income lower income consumers have in order improve local economies. While the federal government has failed to raise minimum wage from its […]
- [Overtime And Minimum Wage Protections Extended To Home Health Care Aides](https://overtimelawyerblog.com/overtime-and-minimum-wage-protections-extended-to-home-health-care-aides/): In a victory for home health care workers, the White House has just announced that these workers will finally be entitled to minimum wage and overtime protections. For 38-years, these workers have been denied the same protections granted to almost all workers in America. The long awaited amendment will take effect January 1, 2015 and will impact some 2 million home care workers, one of the fastest-growing occupations in the country. The White House has commented that “such a rule would eliminate a long time injustice for a large pool of workers. These workers tend to work long hours for […]
- [75th Anniversary Of FLSA Highlights Need For Increase In Minimum Wage](https://overtimelawyerblog.com/75th-anniversary-of-flsa-highlights-need-for-increase-in-minimum-wage/): This year marks the 75th anniversary of the Fair Labor Standards Act (FLSA). Enacted in 1938, the FLSA provides certain minimum wage and overtime standards that apply to nearly all U.S. employers. The act covers areas such as child labor labor laws, minimum wage and overtime. Despite significant improvements in working conditions much work still needs to be done. In fact as noted in a previous overtime violations post, the number of overtime compensation violations has reached near epidemic proportions. The FLSA provides that all non-exempt workers must be received overtime pay at a rate of one and one-half times […]
- [President Obama Calls For Minimum Wage Hike](https://overtimelawyerblog.com/president-obama-calls-for-minimum-wage-hike/): President Obama’s State of the Union Address included a call for an increase in the Federal minimum wage – placing a renewed emphasis on the critical issue of making ends meet for many working Americans. Obama has asked Congress to raise the minimum wage to $9 an hour from $7.25/ hour, a move that could potentially affect millions of working Americans. Minimum wage earners – such as cooks, janitors, and aides to the elderly – often struggle to make ends meet. Such an increase could help reduce the widening gap of income inequality. Obama hopes to have the hourly wages […]
- [Investigation Begins Into Potential Wages And Hour Violations At Forever 21](https://overtimelawyerblog.com/investigation-begins-into-potential-wages-and-hour-violations-at-forever-21/): News reports that the Department of Labor has begun an investigation into the working conditions at the popular clothing store Forever 21. The United States DOL Wage and Hour division announced that they have filed an action requiring Forever 21 to cooperate with the government’s investigation into the labor practices of the company. The clothing store has been under investigation for the last four years as the result of alleged labor violations. According to federal law under the Fair Labor Standards Act, workers must be paid minimum wage and those non-exempt workers who put in more than 40 hours in […]
- [Raising The Minimum Wage Benefits All](https://overtimelawyerblog.com/raising-the-minimum-wage-benefits-all/): This year there’s been an ongoing debate in Congress concerning raising the federal minimum wage. The current federal minimum wage is just $7.25/hour with the minimum cash wage for tipped workers $2.13/hour. Further, because these amounts are not adjusted for inflation the amount minimum wage workers take home is becoming increasingly tight. In fact, single parent households making minimum wage with two kids falls thousands of dollars below the poverty line. Making matters worse, in certain situations employers may fail to pay workers the total amount of compensation they are entitled to as the result of errors in employee classification, […]
- [Congress Seeks To Raise Minimum Wage](https://overtimelawyerblog.com/congress-seeks-to-raise-minimum-wage/): Raising the minimum wage has taken center stage in Congress and may prove to be a crucial issue this election season. Last week Rep. George Miller (D-Calif.) along with more than 100 House Democrats proposed new minimum wage legislation. The legislation would increase the minimum wage from its current $7.25 to $9.80 over the next three years. The last federal minimum wage increase was in 2007 and has not kept pace with the demands of workers. Nearly 47 million Americans receive just minimum wage and qualify as the “working poor.” Miller states, “Raising the minimum wage helps families make ends […]
- [Computer Professionals Update (CPU) Act Seeks To Modify Whether Computer Professional Are Exempt Or Not-Exempt](https://overtimelawyerblog.com/computer-professionals-update-cpu-act-seeks-to-modify-whether-computer-professional-are-exempt-or-not-exempt/): 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 to overtime. In an attempt to clarify whether computer employees […]
- [Pharmaceutical Sales Reps Entitled To Overtime Compensation](https://overtimelawyerblog.com/pharmaceutical-sales-reps-entitled-to-overtime-compensation/): 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 other categories of exemptions – such as administrative – because […]
- [Fired Employee Entitled To Overtime Pay](https://overtimelawyerblog.com/fired-employee-entitled-to-overtime-pay/): 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 get severance pay, Martin had to agree not to sue […]
- [Class Certification Of Oracle Employees in Wage-and-Hour Suit](https://overtimelawyerblog.com/class-certification-of-oracle-employees-in-wage-and-hour-suit/): 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 most important issues in overtime law. Exemptions fall into three […]
- [Pharmaceutical Reps Not Exempt Under The FLSA](https://overtimelawyerblog.com/pharmaceutical-reps-not-exempt-under-the-flsa/): 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 “exempt.” Generally, exemptions under the FLSA fall into three main […]
- [Most Georgia Interns Entitled To Minimum Wages and Overtime](https://overtimelawyerblog.com/most-georgia-interns-entitled-to-minimum-wages-and-overtime/): 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 internship and when it is fair not to pay interns. […]
- [GEORGIA MORTGAGE LOAN OFFICERS NOT EXEMPT UNDER THE FLSA](https://overtimelawyerblog.com/georgia-mortgage-loan-officers-not-exempt-under-the-flsa/): A recent opinion issued by the Department of Labor (DOL) determined that mortgage loan officers do not qualify as bona fide administrative employees exempt under section 13(a)(1) of the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 213(a)(1). As a result, they are entitled to receive overtime pay, typically one and one half times their regular rate of pay for all hours worked over 40 hours in any workweek. The DOL issued its opinion after reviewing whether a mortgage loan officer was “exempt” based on the 3-part test set forth by Federal Regulations. This test asks the following questions: 1) […]
- [Retail Commissions and Overtime](https://overtimelawyerblog.com/retail-commissions-and-overtime/): Just because you receive commissions doesn’t necessarily mean that you don’t qualify for overtime. The FLSA has carved out an exemption to overtime pay for people who receive commissions as a part of their salaries, but it is a very narrow exception. It is possible that people working in malls all across Georgia should be talking to an employment attorney about this issue. The exemption, Section 7(i), applies to retail and service establishments, which are defined as “establishments, 75% of whose annual dollar volume of sales of goods or services (or of both) is not for resale, and is recognized […]
- [Compensation for Online Training](https://overtimelawyerblog.com/compensation-for-online-training/): Many companies in the Atlanta area now require that their employees take online training classes, or classes at outside facilities. Should the time spent taking this training be compensated? The FLSA covers this issue in general, and a recent DOL opinion letter shines an interesting light on some facts that may come up while employees are taking classes on their computers. Generally, the FLSA says about online training that it is not compensable if the following four criteria are met: 1. Attendance is outside of the employee’s regular working hours; 2. Attendance is actually voluntary. It is not considered to […]
- [Belo Plan Contracts](https://overtimelawyerblog.com/belo-plan-contracts/): One of the requirements in the FLSA to prove that an employee is under salary and not an hourly employee for the purposes of paying overtime is the concept of a “constant weekly wage,” where the employee gets a set salary for set hours worked per week. Any variance on that theme can result in the employee collecting overtime. But there are some jobs that just don’t fit that description. There is an exception to that “constant wage” rule, but it is very narrow and very specific and needs to be in writing. It is called a “Belo Plan,” named […]
- [Classifying Home Health Care Workers](https://overtimelawyerblog.com/classifying-home-health-care-workers/): Atlanta is replete with people who work in the field of home health care. Home health care workers have a special set of regulations under the Fair Labor Standards Act. For instance, a home health care worker may or may not be entitled to overtime pay, depending on the circumstances of employment. First, the definition. A home health care worker is someone who provides home health care services for individuals who (because of age or infirmity) are unable to care for themselves. They may be employed by the household itself, or an agency, or may just freelance. People employed in […]
- [When Do Salaried Employees Qualify for Overtime Pay?](https://overtimelawyerblog.com/when-do-salaried-employees-qualify-for-overtime-pay/): Most salaried employees don’t get overtime pay. But is the reverse true-does an employer have to pay full salary if the employee isn’t at work? Some deductions from pay will be proper, but some may cause an employee to lose that exempt status and qualify for overtime. Allowable deductions to your salary, according to a July 2008 Department Of Labor fact sheet, include where an exempt employee: is absent from work for one or more full days for personal reasons other than sickness or disability; for absences of one or more full days due to sickness or disability if the […]
- [Overtime for Nurses](https://overtimelawyerblog.com/overtime-for-nurses/): Nobody may work harder, and nobody may have more job satisfaction, than a nurse. But with all of those hours put in, do nurses generally qualify for overtime pay, or are they exempted under the FLSA? The answer to that question may depend on what kind of nurse you are, what your duties are, what your educational background is, and how much money you are paid. A July 2008 advisory letter from the US Department of Labor lays out all of the various considerations in deciding whether or not a nurse should receive overtime. It will probably be a close […]
- [Overtime for Journalists](https://overtimelawyerblog.com/overtime-for-journalists/): Are reporters entitled to overtime pay? Will they write about it more if they are? Even with the well- documented decline of print media, there are certainly enough reporters left on the job for this to be an ongoing issue. And reporters facing layoffs will certainly have any number of questions that could be directed to an employment attorney. The issues are on a fine enough line that each communications media employee’s situation will need to be treated on a case-by-case basis. In fact, if you have recently been let go by a newspaper or magazine, or are on the […]


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