The administrative exemption of the Fair Labor Standards Act (“FLSA”) is one of the most litigated areas of overtime law. Because the administrative exemption regulations can be confusing, it provides a prime opportunity for employers to violate the law. One of the elements of proving the administrative exemption is evidence…
On July 6, 2015, the United States Department of Labor announced it proposed rule to update and increase the salary requirement for an employee to be classified as exempt from overtime. Currently, the executive, administrative and professional exemptions to the FLSA require that the employee make at least $23,660 a…
If an employer fails to pay an employee overtime under the Fair Labor Standards Act (“FLSA”), the question turns to how to calculate damages. Non-exempt employees are entitled to time and one-half for all hours over forty in a workweek. Under the FLSA, the statute of limitations permits an employee…
On February 2, 2015, a former employee of Golden Homes Services in Atlanta, Georgia filed a lawsuit alleging that Golden Homes violated the Fair Labor Standards (“FLSA”) by failing to pay time and one-half overtime to its Certified Nursing Assistants (CNA). The former CNA alleged that Golden Homes was a…
One area of the Fair Labor Standards Act (“FLSA”) that can confuse employers and employees is the on-call rules. The question is whether the employee is actually working while they are on-call or so restricted from using their time for their own use. The general analysis looks to whether the…
The Fair Labor Standards Act (“FLSA”) is the law that governs employee’s pay including minimum wage and overtime. One question that frequently arises is whether under the FLSA, an employee is entitled to meal or rest breaks and the answer is “no.” However, employers typically offer these breaks to its…
In April, 2015, Martin & Martin filed a lawsuit against a nursing staffing company alleging that the company did not properly pay its staffing coordinators. The employees allege that as staffing coordinators they were required to work on-call hours filling open shifts and ensuring appropriate coverage of clients. The Complaint…
Under the Fair Labor Standards Act (“FLSA”), to establish that an employee is subject to the administrative exemption, which is narrowly construed against the employer and in favor of the presumption that the employee is entitled to overtime, a defendant-employer must show that: (1) the employee is compensated on a…
A heavily litigated aspect of the overtime and minimum wage laws under the Fair Labor Standards Act (“FLSA”) is whether individuals are incorrectly classified as independent contractors instead of employees. If the individuals are, in fact, employees then they are entitled to minimum wage and overtime pay at a rate…
On February 23, 2015, the firm Martin & Martin filed a collective/class action against Athens, Georgia based company Adams Tile & Terrazzo, Inc. and its owners Reuben Adams and Scott Adams. The Complaint alleges that the company’s floor installers were required to work more than forty hours per week and…