A recent Supreme Court decision to not hear further appeal means home healthcare workers must be paid minimum wage and overtime- a ruling that will benefit potentially tens of thousands of North Carolina workers.
The new overtime rule issued by the Dept. of Labor requires that salaried employees who are deemed to be exempt from the Fair Labor Standards Act overtime requirement be paid a living wage.
Summary of a recent important U.S. Supreme Court case affirming class certification in an overtime/unpaid wage case regarding Tyson Foods' refusal to pay employees for the time they spent "donning and doffing" required gear for work.
The DOL has released a new interpretation of the Fair Labor Standards Act and the Migrant and Seasonal Worker Protection Acts to combat a perceived growth in abusive employment practices involving third party labor contractors and similar devices to avoid obligations to workers.
The 4th Circuit recently ruled that GEICO wrongfully categorized its insurance investigators as exempt from the Fair Labor Standards Act overtime requirement, but ruled that the misclassification was not willful, and denied the workers liquidated damages and an extended statute of limitations.
Oil and gas giant recently agreed to pay employees in 28 different job positions back overtime. Salaried does not necessarily mean overtime exempt!
Two recent victories in federal court highlight the federal government's crackdown on unlawful misclassification of workers as "independent contractors."
The Fair Labor Standards Act requires that employees be paid the overtime rate for every hour worked in excess of 40 in a week. This article describes the factors for determining whether a worker classified as an independent contractor is actually an employee due overtime (and possible back payment for past unpaid overtime).
Under the Obama Administration's proposed new FLSA regulation, workers who are paid a salary must be paid at least $921 per week to be exempted from overtime.
The Fair Labor Standards Act requires payment of at least minimum wage for every hour worked, and time and a half for each hour worked in excess of 40 in a week. The Act also protects workers from retaliation for asserting their rights under the law. The 2nd Circuit joined other circuits in ruling that an employee's oral complaint alone is sufficient to trigger retaliation protections, reversing an old precedent that required formal filing of a complaint.
This article discusses the analysis of a recent 5th Circuit Court of Appeals ruling that marine superintendents do not fit under the administrative worker exemption of the Fair Labor Standards Act overtime requirement.
New proposed rules are expected to increase the minimum salary employers can pay to workers they claim as salaried, overtime-exempt.