Month: October 2019

Do you receive bonuses or commissions? You might be owed wages

Do you receive commission, bonuses, or some other sum of money in addition to your regularly hourly pay?  If so, is your employer correctly calculating your overtime pay? 

Basic Overtime Calculation:

Employers are typically required to pay their employees one and one-half times their regular rates of pay for all hours worked in excess of 40 per workweek.

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Can an Individual be Liable for Unpaid Wages?

When can an individual be considered an “employer” under the Fair Labor Standards Act?

Under the Fair Labor Standards Act (FLSA), an employer must pay its employees for all hours worked. The term “employer” is very broad; it includes both companies and individuals “acting directly or indirectly in the interest of an employer in relation to an employee.”[1] An employee can have two or more employers that meet this definition, such as the company itself and an individual that represents the company (typically the company’s owner or upper-level manager). Both the company and the individual can be held liable under the FLSA for wage violations.

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Are you protected from discrimination if someone you care for has a disability?

I informed my employer that I am the primary caregiver for a person with a disability, and then I was fired. Is this legal?

The Americans with Disabilities Act of 1990 (ADA) prohibits employers from discriminating against employees on the basis of disability. In addition to protecting employees from discrimination based on the employee’s own disability, the ADA also has an “association” provision that protects employees from discrimination based on their known relationship or association with a disabled person. This association provision applies regardless of whether the employee themselves is disabled.

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