Overtime Lawyer

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…