While the updated salary requirements to be exempt from overtime are receiving all the headlines there were other important changes that will go into [WHEN] effect. One of those changes is a new rule that allows an employer to count non-discretionary payments towards the new $47,476.00 salary threshold. The rule caps this amount at [THE LESSER OF/GREATER […]
A Lawsuit Has Been Filed Challenging The New Alabama Law That Bans Local Governments From Raising The Local Minimum Wage
A group of workers in Birmingham Alabama have challenged a new state law which prohibits local governments, specifically the City of Birmingham, from raising their minimum wages. Birmingham sought to raise its minimum wage to $10.10 per hour by next year in an effort to fight income inequality. Birmingham is about 74% African-American. Plaintiffs assert that […]
HR Firm Agrees to Pay $1 Million in Back Wages: Being Paid A Salary Does Not Exempt You From Overtime
In this case, a contract Human Resources firm (you would think they would get this stuff right) believed that by raising its employees salaries high enough it exempted them from the FLSA and its overtime provisions. The result of this misreading of the law was a $1 million dollar settlement to pay back wages to […]
Equal Pay for Women: World Cup Champions File An EEOC Charge
Federal Law, Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964, require employers to treat male and female employees equally in the workplace, not just in terms of pay, but to all forms of compensation, and terms, conditions or privileges of employment, transfers, or promotions. An employer cannot deny women equal […]
Can Mandatory Overtime Be an Essential Job Function? The 11th Circuit Says Yes
On March 30, 2015, the Eleventh Circuit affirmed a lower court’s decision which determined that mandatory overtime was an essential job function – confirming the dismissal of a disability discrimination claim. You can read the opinion here. In 2012, the plaintiff provided a note requesting a lifting restriction of no-more than 15 pounds. The employer reassigned her to […]
Amendments to The FLSA
The Department of Labor has made the decision to amend the Fair Labor Standards Act (FLSA), intending to update sections of the FSLA that deal with wages and overtime, making this the first update to the federal wage law since 2004. According to the DOL, this update to the FSLA is necessary in order to bring federal wage […]
Why You Need To Understand Employment Laws
Sometimes employees, and even employers, forget what the appropriate behavior for work is, and end up saying or doing something during work hours that can land them in a lot of trouble. This is why it is critical that you understand employment laws and what is acceptable behavior at work. It is also important to recognize when you […]
CLASS ACTIONS CAN NO LONGER BE “BOUGHT OFF”
The Class action lawsuit, along with the Collective Action lawsuit used in FLSA overtime and wage cases, are critical tools for individuals to be able to vindicate their rights. By taking a small amount of money from a lot of people, a company can make a huge financial difference to its bottom line, without creating […]
The Laws That Protect Employees’ Rights
There are several federal laws that have been established in order to protect employee rights. The following information will help you to understand your basic rights, as well as the laws that protect your rights as an employee. Basic Employee Rights While not all businesses will qualify for each law, there are basic rights in all workplaces, including: […]
Hiring An Employment Attorney
In today’s world, where lawsuits have become a common thing, it is important to know whom you can turn to and trust in the event you are filed with a lawsuit. Regardless of the situation you may be facing, an employment attorney can help you. There may be many occasions in which you may need to seek […]