Overtime Labor Laws
Federal overtime laws, designed to help end the exempt vs. non-exempt debate, have made things worse. To non-exempt and exempt employees, labor laws continue to confuse.
Business Management Daily can help you comply with federal overtime laws. Learn when you have to pay overtime, and when you don’t.
In an attempt to right what he perceives to be a wrong-headed Supreme Court decision, President Obama is asking the DOL to change FLSA regulations covering home health care workers. Those workers have been exempt from the law since 1974 when the DOL lumped the workers into a “companion” category along with baby sitters and nannies.
A federal court hearing a Fair Labor Standards Act case has ruled that an employee’s immigration status is irrelevant and can’t be mentioned to the jury.
Q. We pay a bonus for not using accrued sick leave. Does that count when determining an employee’s regular rate of pay for overtime purposes?
An increasing number of those managers are filing FLSA lawsuits, claiming they should be classified as nonexempt, hourly employees—and, thus, due overtime—because they spend most of their time doing the same tasks as their subordinates. But that’s not the test.
In an attempt to right what he perceives to be a wrong-headed Supreme Court decision, President Obama is asking the U.S. Department of Labor to change FLSA regulations covering home health care workers.
When claims involve unpaid overtime or misclassification, attorneys representing employees naturally want to handle the case as a class or collective action. Some employers think that if they include an arbitration agreement in their terms and conditions of employment, a wage-and-hour claim has to go to arbitration as an individual claim. That’s not necessarily true.
Every year, hundreds of retail and restaurant managers sue, claiming they should be classified as nonexempt because they spend almost all their time doing the same kinds of tasks their subordinates do. But that’s not the test. In fact, managers often do double duty, performing manual tasks while also managing their workers.
Q. What are the new developments regarding overtime exemption for commissioned sales employees?
Managers may think it’s safe to underpay employees by having them work off the clock or shaving time off their overtime tab because no one has complained. But it takes just one short-term employee to get the lawsuit ball rolling. Before you know it, you will be facing an FLSA and New Jersey Wage and Hour Law class-action suit.
A unique case highlights a twist on the usual definition of discrimination: If an employee is fired for failing to live up to a stereotype about a particular race or nationality, she’s unlikely to win a discrimination lawsuit.