Despite a recent ruling, if an employee you have classified as exempt complains about overtime pay, do not assume it is safe to retaliate.Read More
The claims forming the bulk of these numbers include: misclassification of employees, alleged uncompensated 'work' performed off the clock and miscalculation of overtime pay for nonexempt workers.Read More
Paychecks and timesheets are neither a ploy nor a tactic. Instead, most employers are well-intentioned but ignorant of the myriad, twisted rules and regulations that govern why, when, to whom, and how much overtime is to be paid.Read More
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