The Fair Labor Standards Act (FLSA) affects most private and public employment and relates to, among other things, overtime pay and minimum wages. The FLSA requires employers to pay covered non-exempt employees at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week. Covered employees must be […]
As a plaintiff’s side employment lawyer (employee side) I have an unmatched sense of fulfillment when I am able to provide advice or assistance to an individual or group of individuals that are standing up to their employer for what they know is right and for what the law says is wrong. Conversely, I often
Traditional discrimination or retaliation claims involves the employer taking the discriminatory or retaliatory action. Often times companies will try to create an independent process for terminating an employee to avoid liability. For example: an employee receives several disciplinary write-ups. After a certain amount of write-ups, Human Resources becomes involved. At large companies, the HR Representative
Who is a “Key Employee” under the FMLA? Limits on certain employees’ rights to restoration after taking FMLA leave. The FMLA provides that an eligible employee is entitled to take medical leave for various reasons, such as a serious health condition, which makes an employee unable to perform the basic duties of his or her
Who Is A “key Employee” Under The Family Medical Leave Act (Fmla)? Read More »
Take Aways: 1. The United States Supreme Court’s Genesis holding offered nothing to resolve the circuit split and dodged the central issue: Whether an unaccepted offer of judgment that fully satisfies a plaintiff’s FLSA claim moots the claim. 2. Going forward, the Court’s holding in Genesis is meaningless because it is premised on the contemplation
How Will The Supreme Court’s Opinion In Genesis Impact Flsa Collective Actions? Read More »
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
Are You Protected From Discrimination If Someone You Care For Has A Disability? Read More »
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
Can An Individual Be Liable For Unpaid Wages? Read More »
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
Do You Receive Bonuses Or Commissions? You Might Be Owed Wages Read More »
