The wage & hour attorneys at Martin & Martin routinely receive telephone calls from employees asking whether it is legal for their employer to deduct work items from their paycheck. There are certain items that an employer may deduct from an employee’s paycheck. However, not all deductions are legal. The…
“When employers misclassify employees as independent contractors and fail to pay workers their hard-earned wages, the Department of Labor will hold them legally accountable.” This was the strong statement by the DOL when speaking about a medical staffing agency that violated the federal law, the Fair Labor Standards Act (FLSA),…
A California silk-screening company agreed to pay over $100,000 in unpaid overtime wages and an equal amount in liquidated damages to workers. “Celebrities, retailers and manufacturers profit from T-shirts sold for $40 or more, while the low-wage workers who produce the merchandise work overtime to meet consumer demand and become…
One of the biggest aspects of the Fair Labor Standards Act (FLSA) that employers continue to violate is misclassifying workers as independent contractors rather than employees. Employers receive massive benefits by misclassifying workers as independent contractors, including not having to offer health insurance or pay minimum or overtime wages. However,…
On January 13, 2022, Martin & Martin, filed a federal lawsuit against Onyx Gentlemen’s Club in Atlanta on behalf of several strippers to recover owed wages and fees. Onyx reopened in February, 2021 and classified its dancers as independent contractors as opposed to employees. As independent contractors, Onyx did not…
The Fair Labor Standards Act requires that both private and federal employers in the United States pay hourly (non-exempt) workers overtime at a minimum of 1.5x’s the normal hourly rate for any hours past forty hours in a workweek. Now that you know what consists of a workweek and how…
Now that we’ve established the general mechanics of how you accrue overtime, you might have gone back to look at your previous paystubs and noticed that you haven’t been paid the overtime that you were due as an hourly worker. The Fair Labor Standards Act and subsequent legal precedent accounted…
Photo by Erwan Hesry on Unsplash With the holidays around the corner, many hourly workers are thinking about picking up extra shifts to supplement their normal income to pay for the festivities of the holiday season. Before you do that, especially if you’re a part-time worker, here’s how those hours…
The Fair Labor Standards Act (FLSA) regulates the labor practices of both private and federal employers in the United States. It was enacted to ensure that U.S. employers kept a fair and safe work environment for employees. Included in this act are the bare minimum requirements for how employers must…