The ruling states that under the FLSA, employees are entitled to overtime pay for any hours worked in excess of 40 hours per week. In both cases, plaintiffs had claimed they were misclassified as exempt employees and denied overtime pay.Read More
If you think you can rely on a legal technicality as a defense against retaliation, think again. The deck is stacked against you.
I remain convinced, as I've pointed out before, that I can walk into any company and find a wage-and-hour violation. Read More
Employers can minimize the chances of litigation by taking steps that include periodic audits to determine whether employees are being properly classified, as well as careful record-keeping.
Because of the court's trend in expanding protection against retaliation, employers need to be cautious when disciplining employees who have made complaints about FLSA violations.
When involved in overtime claims based in state law, employers must initially review applicable state statutes and regulations before relying on federal tests, especially when in California.Read More
At stake is a case that could not only determine whether they are eligible for millions of dollars in unpaid overtime but also could affect the livelihood of other workers who ‘promote' products.Read More
Under FLSA, what is the statute of limitations on making overtime payments to nonexempt employees that were misclassified as exempt? This occurred at our company for about 20 years. We are under new management, which is trying to address the wrongdoing. However, there are still employees in management positions here who knowingly misclassified people. We are being told that our hours of overtime (eligible) to be compensated is limited to the last three years, and have been asked to estimate the actual hours we worked beyond straight time. How does this comport with federal statutes?