The rules on worker’s pay are located in the Fair Labor Standards Act (FLSA). The FLSA states that hourly workers must receive at least minimum wage per hour and at least time and a half for all hours over 40 in a week. The FLSA also requires non-exempt salaried employees…
Our law firm is frequently asked by potential clients whether they should or have to join a case for back wages and/or overtime started by one of their co-workers. To answer that question, you need to understand how the class action mechanism works under the Fair Labor Standards Act (“FLSA”).…
Do You Work On A Construction Site That Receives Federal Funds? This month, the United States Department of Labor (DOL) reached a settlement with MDG Design & Construction, LLC and others to resolve wage violations at a construction project in New York that was federally-assisted. MDG and others agreed to…
The 11th Circuit Court Of Appeals Rules on a CEO’s Individual Liability Under The FLSA In a case against Appliance Direct, Inc. in Florida, former delivery truck driver employees filed an overtime lawsuit and a retaliation lawsuit against the company and the CEO individually. In finding that the CEO could…
In June 2012, a fair pay collective/class action case that had been filed against Club Onyx settled. The strippers settled the case for $1.55 million. The strippers brought the case complaining that they were illegally classified as independent contractors as opposed to employees. The dancers claimed that they were actually…
On January 14, 2014, a New York District Court approved a settlement on behalf of strippers who worked at the Penthouse Executive Club. The strippers had filed the lawsuit alleging that the club misclassified the dancers as independent contractors instead of employees, did not pay them wages, illegally required that…
This fall, the Department of Labor (“DOL”) announced that starting in January 2015 it would extend the minimum wage and overtime pay laws to home health care workers in all states. These workers, currently classified as exempt from minimum wage and overtime, provide care to the disabled and elderly populations…
Within the last few years, the issue of the proper status of exotic dancers or strippers has been litigated throughout the country and the general consensus among courts is that they are employees – not independent contractors — and entitled to at least minimum wage and overtime wages under the…
Many times companies require employees to travel from one location to another and the question arises whether this travel time is compensable. Is an employer required to pay its employees for travel time? Courts look at three factors: 29 Code of Federal Regulations § 785.38 essentially looks at three factors…
Employers sometimes require employees to show up at one job site to pick up materials and head to a second job site but the employer only starts paying the employees when they start working at the second job site. Or employers may make employees wait while equipment is being fixed…