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 […]
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 […]
Update: DOL Provides More Details on Proposed Overtime Changes
Last week President Obama announced via Huffington Post proposed changes to the overtime regulations. We discussed this proposal in our previous blog post here. The announcement focused on the changes to the salary threshold employees would need to be paid to be non-exempt (not paid overtime). Last week, the Department of Labor (the agency in charge […]
UPDATE: Change in FLSA Overtime Exemption for Domestic Service Workers is Put on Hold
As we discussed at length in our a previous blog post the Department of Labor issued a new rule that updated the definition of “companionship services” which would have entitled many more domestic service workers to overtime pay. The proposed rules have now be vacated by a Judge in Washington DC. In making his ruling, the Judge […]
Fired Before Christmas – Can I still Get Paid My Christmas Bonus?
Every year without fail we get at least one call from someone who was fired in the weeks before Christmas. What worse time is there to lose a job? Why does it happen? For some companies it looks like a great way to avoid paying Christmas bonuses. Of course the first question we get is […]
SUPREME COURT RULES THAT SECURITY SCREENINGS DO NOT NEED TO BE PAID
The United States Supreme Court issued a 9-0 opinion in a FLSA lawsuit, Integrity Staffing Solutions v. Busk. We discussed the case and its implications in a previous blog post here. This decision also has potentially major ramifications on a much talked about class action lawsuit filed against Apple that we discussed here. In each of these cases the question was […]
Supreme Court Hears Overtime Arguments on Pay for Security Checks
The Fair Labor Standards Act (FLSA) requires that employees be paid time and a half for overtime. But there is an exception for activities which are not part of the job. Historically the test for determining whether an activity is part of one’s job and therefore “work” for which the employee must be paid is whether […]
FLSA Overtime Exemption is Changing for Domestic Service Workers
Effective January 1, 2015, the Fair Labor Standards Act’s overtime exemption for Domestic Service Workers is changing. The Department of Labor has issued a fact sheet which highlights the changes. Once these new changes go into effect, many Domestic Service Workers who were not previously entitled to be paid overtime will be eligible for overtime at a rate of […]