Often times employees do not understand if they should be receiving overtime pay or not. To help clear things up, the employment attorneys at Maduff & Maduff want to provide you with an understanding of the legal requirements when it comes to overtime pay. At the national level, overtime pay is governed by the Fair Labor […]
Sexual Harassment In The Workplace
Employees should not have to feel uncomfortable or avoid certain situations or people in the workplace because of sexual advances. Sexual harassment happens more often than we think, and it is a situation that should be taken seriously. Sexual harassment comes in a variety of different forms and identifying it is not always easy. These […]
What Is The Fair Labor Standards Act?
In order to establish a national minimum wage as well as other labor laws, The Fair Labor Standards Act was passed in 1938. This act not only guaranteed things like overtime to qualified employees and the 40-hour workweek, but also prevent the employment of minors in “oppressive child labor”. Minimum Wage & Overtime The Fair Labor Standards Act requires that […]
Federal Overtime Law Blocked
December 1, 2016 was supposed to be the day that about 4 million Americans were set to qualify for overtime pay under a new federal rule by the Fair Labor Standards Act. The new overtime law would have doubled the annual salary threshold from $23,660, to $47,476, which determines who qualifies for overtime pay when they work over […]
Appeals Court Deals Mandatory Arbitration a Huge Blow—Or Does It?
Epic Systems Corporation, a healthcare software company in Wisconsin thought it could prevent its employees from suing to recover alleged failure to pay overtime by a simple arbitration agreement. Epic required its employees, on pain of losing their jobs, to agree that any wage-and-hour claims would be settled only by individual arbitration and that such claims could not be pursued in a […]
Employers Can Make Up to 10% of Salary with Nondiscretionary Payments under the new FLSA Overtime Rules
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 […]
White Collar Exemption Salary Requirement More Than Doubled
The three White Collar Exemptions are by far the most common asserted by employers to avoid paying overtime. If an employer wants the apply the exemption to any employee, it must show that it pays the employee paid a minimum salary, and that the employee meets the particular duties test. The most common duties tests are as follows: […]
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 […]
Common Workplace Violations That You Should Be Aware Of
The most important things to all employees are wages and benefits. Since there are laws in place to protect employees, when it comes to these, it is important for employees to know what their rights are, as well as the workplace violations they should be aware of. Wage Theft When an employee does not receive earned pay, […]