Under the Fair Labor Standards Act, all employees are entitled to overtime. But, what if there is a dispute about the overtime? What happens when the employee claims a large amount of overtime, but the employer says there was no overtime?
Supreme Court precedent holds that if an employer maintains time records, then the employer
San Antonio based restaurant China Sea, agreed to pay $504,577 to 82 former workers for minimum wage, overtime and record-keeping violations. China Sea used two sets of books, one real, one not so real. Some kitchen workers were paid a salary that did not equate to minimum wage. And some workers worked 60 hours per
President Obama announced that the administration will change regulations to allow overtime pay for managers who make up to $970 per week. The current level is $455 per week, which makes the overtime regulation largely meaningless. Indeed, this regulation has lost much of its effectiveness since 1975, when it applied to 65% of management. Now,
I previously wrote here about the lawsuit against Lady Gaga for overtime pay. Lady G did not do well in her deposition. Now, the federal district court denied her ladyship’s motion for summary judgment (or some motion like that). See New York Post report. So, Lady G settled. That is wise. She would not
A deposition is when one side has the opportunity to cross-examine an opposing witness prior to trial. It is a key event in the discovery process. Lady Gaga, whose real name is Stefani Germanotta, is being sued for unpaid overtime by a former legal assistant. Jennifer O’Neill claims she is owed $393,000 for 7,168 hours
We always hear about the million dollar judgment in an employment case. But, in reality, far more cases result in $30,000 judgments or less. This is especially true in federal court. In the case of Barney v. Hill Country Shooting Sports Center, No. SA-11-CV-268, a jury found in favor of the plaintiff regarding her
Wal-Mart has settled Department of Labor claims that many workers were mis-classified as exempt. Exempt workers are not paid overtime. 4500 workers were part of the suit. The settlement includes $4.8 million in unpaid overtime wages. See Workplace Prof Blog. As Workplace Prof mentions, Wal-Mart seems to always be in violation of one workplace
The US Department of Labor has filed suit against Child Protective Services for failure to pay overtime wages. The state actually enjoys sovereign immunity from such suits. So, if DOL does not initiate such suits, such a lawsuit might not be possible. According to the suit, CPS workers have been told to work off the
Periodically, the Department of Labor issues guidance on interpretation of the regulations and statutes regarding the Fair Labor Standards Act. The FLSA is the statute hat requires overtime pay and payment of minimum wage. The DOL has issued an opinion recently stating that it now believes mortgage loan officers are not exempt employees and are
Many employers seek to reduce cost by hiring independent contractors to perform some work. The employer does not have to pay benefits to an independent contractor. But, what is an independent contractor? The IRS uses one test to determine whether an employee is a true independent contractor and not just an employee under a