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Fair Labor Standards Act Archives

DOL Policy Makes It Simpler For Employers To Claim Tip Credit

Some employees customarily receive tips, but those tips aren't always in addition to the worker's wage. Many tipped workers are minimum-wage earners, and the law allows some of those tips to be counted toward ensuring they earn that minimum wage.

Ocean City Restaurants Sued for Unpaid Wages

The popular restaurant, Harpoon Hanna's, located just across the Delaware line next to Ocean City, Maryland, has been sued for failure to pay proper wages to a tipped employee. Within the last year, a number of popular Ocean City restaurants have been sued by employees for failure to pay proper wages, including the failure to pay time-and-a-half for overtime.

Overtime for Out-of-Office Emails?

Chicago police officers sued in Federal Court requesting unpaid overtime for off-duty work done on their BlackBerry phones.  In a recent Opinion, the United States Court of Appeals for the Seventh Circuit held that while the BlackBerry work would have been compensable overtime, the Cops' claims failed because the City of Chicago had no knowledge of the unreported hours. 

Are Emotional Distress Damages Available in Retaliation Cases?

Another federal appeals court has held that employees who have faced illegal retaliation at work are eligible to recover damages for emotional distress under the Fair Labor Standard Act (FLSA). The FLSA governs wage and hour laws, such as overtime and minimum wage, for businesses across the United States. This holding could have significant implications for employers throughout the country.

How misclassification hurts working people

Some working people prefer the flexibility that comes with being an independent contractor. Many more people, however, prefer the stability that comes with being an employee. Sometimes employers wrongly classify employees as independent contractors. This practice is known as misclassification. Misclassification violates the federal Fair Labor Standards Act (FLSA) and many state laws as well. More importantly, misclassification exploits working people. 

The new overtime laws: What do employers and employees need to look for?

Currently, any salaried employee who performs executive, administrative or professional duties who earns $455 or more a week, or $23,660 in a year, is not entitled to overtime pay for working more than 40 hours a week.

New overtime thresholds will dramatically impact employees and employers

In the coming weeks and months, the U.S. Labor Department is going to release new salary thresholds under the Fair Labor Standards Act (FLSA). These thresholds will potentially impact millions of American workers. Currently, salaried employees performing executive, administrative or professional duties are not eligible to receive overtime if they earn more than $23,600 a year. Under these proposed new rules, the overtime threshold will increase to $50,440 a year. Consequently, workers in many fields who earn less than this amount will be eligible for overtime when they work more than 40 hours in a week.

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