Unpaid Wage or Overtime

The importance of maintaining organized personnel files is widely overlooked. Many employers, however, are unaware of federal and state laws that require employers to maintain personnel records for various time periods. Maintaining proper personnel files will avoid fines for noncompliance and also become the foundation for defending against unfounded claims of wrongful termination, unpaid overtime …

Maintaining Organized Personnel Files Can Ultimately Reduce Unnecessary Fines. Read More »

In a March 2013 decision of the U.S. Circuit Court of Appeals, Eleventh Circuit, the court rejected arguments of a hurricane shutter company that 7 undocumented workers were not entitled to recover unpaid overtime compensation based merely on their status as “undocumented”.   To the contrary, the court held that undocumented workers were covered as “employees” …

Undocumented Workers May Sue to Recover Unpaid Wages Under FLSA (Federal Wage and Hour Law). Read More »

Except for the breaks required for minors and the newly required lactation breaks for mothers after the birth of a child, employers are not generally required to offer work breaks. But for employers that do give their employees a break, they must follow strict rules to avoid unpaid overtime lawsuits. For example, an employer must …

Work Breaks Generally Not Required But Employers Must Follow Strict Rules When Breaks Are Offered. Read More »

Often employers believe that hourly employees don’t have to be paid for time spent away from their regular duties and travelling between work locations or attending work functions and seminars. However, wage and hour laws contain very technical rules that govern when an employee must be paid for travel times before, during, and after an …

Determining How to Pay Hourly Employees for Travel Time Read More »

Because the FLSA (federal wage and hour law) requires payment for all time that nonexempt workers are “suffered or permitted” to work regardless of whether it is recorded on a time sheet or whether it occurs outside of a scheduled workday, employers should implement training and policy to avoid all “off-the-clock” work. The following are …

Employers And Supervisors May Be Sued For Tolerating or Encouraging “Off-the-Clock” Work. Read More »

It is difficult for administrative staff with part-time H/R duties to intuit the right answer to payroll requirements under the FLSA (Fair Labor Standards Act). Properly classifying employees as “exempt” or “non-exempt”, determining payroll deductions and calculating the correct “regular rate” for overtime require technical knowledge of DOL regulations and Opinion Letters. For example, the …

Costly “Technical” Violations of Wage and Hour Laws Read More »

Wage and hour lawsuits are still among the most frequent claims by current and former employees. Resolving such claims with out-of-court settlements cannot be guaranteed because the federal wage and hour law (“FLSA”), like many employment statutes or related regulations, does not allow employees to waive their rights to receive full relief without court approval …

Private Settlement Agreements and General Releases NOT Enforceable To Resolve Unpaid Wage or Overtimes Claims. Read More »

Many employment statutes or related regulations prohibit or limit the right of employees to waive statutory rights. For example, employees may not waive their rights to receive minimum wages or overtime pay under the Fair Labor Standards Act without court approval or Department of Labor supervision. Similarly, regulations issued under the Family Medical Leave Act …

Employees May Still Sue Notwithstanding Severance Agreements With General Releases. Read More »

To have unpaid interns, employers must comply with six federal legal criteria. Three such criteria most often overlooked are: (1) internships must pertain to the training unpaid interns receive at their vocational schools, (2) employers must not receive immediate advantages by having such interns, and (3) unpaid interns must not displace paid workers. If any …

Unpaid Internships must Comply with Six Federal Requirements to Avoid Violating Wage and Hour Laws. Read More »

Calculating overtime pay is more complicated when employees tend to work longer shifts toward the end of an established workweek than at the beginning of that workweek. The amount of overtime may depend on where the workweek begins. Most employers utilize form policies that establish Monday through Sunday workweeks. This standard designation may not be …

“Workweeks” May Be Changed By Employers. Read More »

The Fair Labor Standards Act (FLSA) does not require employers to provide an extra day off for employees that work on holidays. For employers that elect to establish such a holiday policy, that policy should be consistent with any other relevant state or local laws, employment contracts, and collective bargaining agreements. Some questions that should …

Are Employers required to give an extra day off for every holiday worked by an employee? Read More »