Tag: FLSA

What Is Gap Time

 

What is Gap Time? Should My Employer Be Paying Me For It?

“Gap time” is a term used to describe the gap between hours paid by an employer and non-overtime hours worked.[1] When an hourly employee is scheduled and works 40 hours in a week, no gap time exists.  Generally, gap time issues arise when an hourly employee works who regularly works less than 40 hours each week performs “off the clock” work for their employer. If you have questions about unpaid wages reach out to Mansell Law, Wage and Hour Lawyers in Columbus, Ohio. Continue reading “What Is Gap Time”

When does time clock “rounding” violate the law?

Columbus unpaid overtime lawyers

Here’s the scenario: everyday you arrive to work early to make sure you have enough time to park, put your coat and lunch away, and get in line to punch-in at the time clock.  But how are you rewarded for this early arrival? Your employer rounds your early punch-in up to your start time anyway – your employer essentially steals these minutes from you and gets free work.  If this scenario sounds familiar, your employer is likely reaping the benefits of free work from all the employees that clock-in early.  This could be a major violation of the Fair Labor Standards Act (FLSA), including potential minimum wage and overtime violations. Our employment law attorneys provide specifics herein.

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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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Do you make too much money to be entitled to Overtime under the FLSA? Information on the Highly Compensated Workers Exemption.

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 paid for all hours worked in a workweek as set forth in the bullet points below.
Continue reading “Do you make too much money to be entitled to Overtime under the FLSA? Information on the Highly Compensated Workers Exemption.”

Are you really an Independent Contractor or “Exempt” from Overtime or Minimum Wage? Lawsuits for Misclassification soar in down economy.

As of July 26, 2012, there have already been 60 more lawsuits (7,064 total) filed under the Fair Labor Standards Act (FLSA) than the entire year of 2011. FLSA Lawsuits Article. The biggest increase in claims results from misclassifications. The two major problems areas exist when (1) an employer classifies an individual as an independent contractor when the individual is really and employee, and (2) classifying an employee as “exempt” from minimum and overtime. If you think you may be misclassified, check out the factors and links below.
Continue reading “Are you really an Independent Contractor or “Exempt” from Overtime or Minimum Wage? Lawsuits for Misclassification soar in down economy.”

Statute of Limitations Tolled During Time Motion for Conditional Certification Pending

In a recent case, a federal Court has held the Statute of Limitations tolled while a Motion for Class Certification is pending. Unlike the filing of a Class Action under Rule 23, the filing of a Collective Action does not toll the Statute of Limitations. Therefore, the 2 year (or 3 year if willful) statute of limitations continues to run and unpaid overtime or other violations may “fall off” until the Court tolls the Statute of Limitation or, as this Colorado Court held, a motion for Conditional Certification is filed. Read the Full Article Here.