On October 26, 2011, the U.S. Department of Labor announced a settlement with Hilton Reservations Worldwide, LLC, in which the company agreed to pay $715,507 in minimum wages and overtime pay to 2,645 current and former customer service employees in Texas, Florida, Illinois and Pennsylvania. The DOL determined that the
Am I entitled to NY overtime pay? Both the New York overtime pay laws (New York Minimum Wage Act) and the Federal Fair Labor Standards Act (FLSA) require that employers pay overtime to those individuals who are not “exempt” from the overtime requirements. A non-exempt employee must be paid time
Employers Beware: the NY Wage Theft Prevention Act is a Potential Misclassification Minefield! The NY Wage Theft Prevention Act, which became effective April 9, 2011, requires all private sector employers with New York employees (regardless of how many) to provide those employees with a “pay notice” at the time of
OVERTIME VIOLATIONS Unless you are specifically classified as an “exempt” worker, your employer must pay you overtime wages for any hours you work over 40 hours in a workweek (see this prior blog entry). Your employer must pay overtime wages at a rate of at least one and one-half times
Both the Fair Labor Standards Act (“FLSA”) and the New York Minimum Wage Act (“NYMA”) generally require the payment of overtime wages for work performed after 40 hours per week. For some general information on overtime and misclassification issues, please see our prior blog posts here, here and here. The
The Fair Labor Standards Act entitles nearly every employee to time and a half for hours worked over 40 in a workweek — including to people paid a salary rather than an hourly wage. Although research suggests that 80% of employees are entitled to overtime, about 70% of employers are
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, as well
Independent Contractor or Employee? Far too often, employers erroneously misclassify individuals as independent contractors or employees. In an attempt to save money, many businesses use independent contractors to serve functions typically served by employees. Classifying someone as an independent contractor often means the business does not have to pay minimum
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 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
