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 […]
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 […]
Supreme Court Will Decide: Are Car Dealership Service Advisors Entitled to Overtime
Last week the Supreme Court agreed to review a case out of California that determined that Car Dealership Service Advisers were entitled to overtime. We discussed it at length here. The California decision was in stark contrast to two other decisions which held that Car Dealership Service Advisors were not entitled to overtime. The issue is whether service […]
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 […]
Exempt Employees And The Federal Overtime Law
What Is An Exempt Employee? Most employers are required to pay their employees overtime, according to federal and state laws, however, these laws often times contain exceptions, meaning that some employees are not qualified to receive overtime pay and are considered “exempt” employees. Businesses that have more than $500,000 in sales each year or is considered […]
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 […]
What Is Wage Theft?
This common workplace issue is increasingly becoming a problem for employees everywhere. Wage theft may occur when an employee does not receive the incorrect pay or may not be receiving their pay at all. No matter the situation, there is something that can be done about it. What Is Wage Theft? Wage theft is defined as the […]
Are You A Victim Of Wage Theft?
Wage theft has once only thought to be something that affects low-wage service employees. This workplace issue, however, has now become a common issue for working Americans everywhere. Wage theft can mean that an employee is not receiving the correct wages, not receiving their overtime pay, or even not receiving their pay at all. Understanding Wage […]
Do I Need An Employment Attorney?
Employment attorneys specialize in representing employees in contract negotiations, as well as workplace violations. These violations may be issues such as workplace discrimination, sexual harassment, overtime or wage theft, as well as civil rights violations. While most people will not need the assistance of an employment attorney, there may be some occasions in which you may need […]