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Articles Posted in Overtime
The Thirty-Two Hour Workweek Act, introduced this week in Congress, is exactly what you think it is
The same week that the U.S. Department of Labor’s rules on analyzing and determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect, both houses of Congress introduced legislation to shorten the workweek. Continue reading
Should Mrs. Doubtfire have been paid overtime?
It’s not like I woke up in a cold sweat, fixated on this obscure bit of Fair Labor Standards Act minutiae.
But I did read this Eleventh Circuit decision last night, which did posit whether “Julie Andrews’s Mary Poppins, Martin Lawrence’s Big Momma, Fran Drescher’s Nanny Fine, Robin Williams’s Mrs. Doubtfire, or Vin Diesel’s Shane Wolfe…would have been entitled to overtime pay in the real world.”
So, let’s find out. Continue reading
Today’s free “wage and hour 101” post is the silver lining to an employer’s $1.6M screw-up
The Fair Labor Standards Act can be a veritable legal liability minefield for the uninitiated. Just ask several of my friends who practice law on the plaintiff’s side. Heck, it can put an employment lawyer’s kids through college, no matter on which side of the “v” they practice. 😏
Last night, I read a news release from the U.S. Department of Labor that helps put this into perspective.
281,870 reasons not to attempt a kickback scheme to avoid paying overtime
It’s not often that I attempt to locate images for blog posts using ‘kickback’ as a search term.
But when I do, rest assured that some employer really stepped in it. Continue reading
Some drug rehabilitation center patients sued for, get this, unpaid overtime. And they may win!
The Fair Labor Standards Act (FLSA) is the federal wage and hour law that protects all covered workers from substandard wages and oppressive working hours by requiring that employers pay employees minimum wage and overtime when they work more than 40 hours in a workweek.
Determining who counts as an employee is a fact-specific. The ultimate determination turns on the “economic reality” of the relationship between the parties involved.
This is not a drill. A new, federal overtime proposal will cost employers $1.2 billion.
For the first time in four years, the U.S. Department of Labor plans to increase the minimum salary level to be exempt from the Fair Labor Standard Act’s overtime requirements. Continue reading
If your company rounds employee start and stop times, you may want to read this. (Also, if you like Ratt.)
Two wage and hour posts in a row! And this one has an 80’s hair metal track (with a Milton Berle cameo) to back it.
So, cut off your sleeves and sing along as we talk about rounding time under the Fair Labor Standards Act.
Why might the Phillie Phanatic get paid for the time it takes to get into costume at the ballpark?
Because who is going to click if I had titled this post, “The Third Circuit clarifies when compensable work is the ‘integral and indispensable.'”
But, now that you’re here, you might as well stick around for this wage-and-hour lesson. Continue reading
Here’s why so many employers make a mess of the overtime rules.
Employment lawyers often quip that they could walk into a workplace and spot at least one violation of the Fair Labor Standards Act (FLSA), the federal law governing the payment of overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. Continue reading