Recent Supreme Court Case – Pharmaceutical Sales Reps Exempt from FLSA Minimum Wage and Overtime
On June 18, 2012, the United States Supreme Court resolved a split between circuit courts and held that pharmaceutical sales reps engage in “sales” and therefore are exempt under the Fair Labor Standards Act (FLSA). Under the FLSA, “outside salespersons” are exempt from minimum wage and overtime. The issue for the Supreme Court was whether […]
DOL Timesheet App
The United States Department of Labor (“DOL”) recently announced that its “DOL-Timesheet” app was available for free download from Apple’s App Store. This complimentary app is available in English and Spanish and is compatible with the iPhone, iPod Touch and iPad. The DOL has also promised to explore the viability of similar versions for other […]
Fast Food and Restaurant Workers and the FLSA
No matter what, people have to eat. And restaurant employees will always be there to serve them. There are over 7 million people employed in restaurants in the United States, a large percentage of whom work in fast food establishments. These jobs are often very transient, and the fact is that many fast food workers […]
FLSA Basics – Tips from Lawyers in New York City and Cleveland
I. Misclassification as Exempt Under the federal Fair Labor Standards Act (“FLSA”) some employees are exempt from receiving (or are not entitled to) overtime pay. However, unless you qualify for one of the overtime exemptions, it is likely your employer should be paying you one-and-one half times your regular rate of pay for any hours […]
NYC and Cleveland Lawyer on Failure to Pay Overtime Wages
Failure to Pay Overtime Wages is illegal. Most employees are entitled to receive one and a half (1½) times their regular hourly rate of pay for work performed in excess of forty hours per week. All time worked must be counted in calculating overtime including, all work activities and activities before and after a shift, […]
NY Overtime Pay | How to Calculate Overtime Pay
How do I calculate Overtime Pay? Just because your boss tells you that you are not entitled to overtime does not make it true. Countless people are misled into believing that they are not entitled to overtime. To determine how much you might be owed, calculate as follows: If you are an hourly employee: ● […]
NY Overtime Lawyers
NY Overtime Lawyers New York Overtime rules provide that you are entitled to overtime in New York for any amount of time worked over 40 hours. Specifically, you are entitled to 1.5x your hourly rate for any overtime in excess of 40 hours. If you have been denied overtime in New York, you may be […]
Am I Entitled to Overtime?
Most employees are entitled to overtime if they work over 40 hours/week. Just because you are paid a salary does not mean that you cannot get overtime. Nor can your company offer you “comp time” instead of paying you. If you are entitled to overtime, you must be paid time and a half for any […]
Independent Contractor vs. Employee — Exotic Dancers Recover $1.55M in Misclassification Case
Independent Contractor vs. Employee Exotic Dancers Recover $1.55M in Misclassification Case Clincy v. Galardi South Enterprises, Inc. was brought by a group of exotic dancer/entertainers who alleged that they had been misclassified as independent contractors rather than employees. The Defendants required that the dancers pay a fee to the club for the privilege of dancing […]
Strippers & Exotic Dancers: Independent Contractors or Employees?
Answering the issue of whether strippers and exotic dancers are independent contractors or employees, in a case entitled Thompson v. House, Inc., the United States District Court for the District of Columbia ruled that exotic dancers in a Washington, DC gentleman’s club were employees and not independent contractors. The judge ruled that the gentleman’s club […]