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Report Link Undocumented Workers May Sue for Overtime Under Fair Labor Standards Act, Federal Court Rules.Jackson Lewis LLP - February 16, 2009 A federal district judge in Miami has ruled that undocumented aliens working in this country have the same right to file court claims for overtime compensation and liquidated damages under the Fair Labor Standards Act (FLSA) as workers who are in this country legally. Report Link No Cheap Deal For Family Dollar.Constangy, Brooks & Smith, LLP - January 02, 2009 The U.S. Court of Appeals for the Eleventh Circuit (Alabama, Florida, Georgia) recently affirmed a $35 million award for store managers for Family Dollar Stores, agreeing with a lower court that the managers were non-exempt and therefore were entitled to overtime and liquidated damages under the Fair Labor Standards Act. Report Link Appeals Court Affirms $35 Million Verdict in Overtime Case.Constangy, Brooks & Smith, LLP - December 26, 2008 The U.S. Court of Appeals for the Eleventh Circuit (Alabama, Florida, Georgia) recently affirmed a $35 million award for store managers for Family Dollar Stores, agreeing with a lower court that the managers were non-exempt and therefore were entitled to overtime and liquidated damages under the Fair Labor Standards Act. Report Link Tenth Circuit Endorses "Fluctuating Workweek" Method of Calculating Overtime for Misclassified Salaried Employees.Littler Mendelson, P.C. - July 14, 2008 In a decision that could lead to significant litigation cost savings for employers, the United States Court of Appeals for the Tenth Circuit endorsed the "fluctuating workweek" method of calculating back pay awards for misclassified salaried employees in lawsuits arising under the Fair Labor Standards Act (FLSA). In Clements v. Serco, Inc., 2008 U.S. App. LEXIS 13806 (10th Cir. July 1, 2008), the Tenth Circuit held that the district court properly used the fluctuating workweek method to calculate a back pay award for unpaid overtime, rather than the alternative "time-and-a-half" formula, because the parties had a "clear mutual understanding" that the plaintiffs would be paid a fixed salary regardless of the number of hours they worked each workweek. In addition, the court joined the First and Fourth Circuit Courts of Appeals in rejecting the proposition that the fluctuating workweek method applies only where the parties also had a "clear mutual understanding" as to how overtime pay would be calculated. Report Link Appeals Court Says Company Policy Restricting Overtime Does Not Trump Compensation Obligations.Jackson Lewis LLP - February 08, 2008 A federal appeals court in New York has ruled that the Fair Labor Standards Act ("FLSA") requires employers to pay one-and-a-half times the regular rate of pay as compensation to employees who perform overtime work even though the work was not authorized and was in violation of company policy. The case, Chao v. Gotham Registry, Inc., No. 06-2432-cv (2d Cir. Jan. 24, 2008), dates back to 1992 when the Secretary of Labor sued Gotham Registry, Inc. ("Gotham"), a staffing agency, for not paying overtime wages to the nurses it employed. Report Link Calculating Overtime Pay Under the FLSA (pdf).Fredrikson & Byron, P.A. - January 04, 2008 Here are the core rules for determining whether non-exempt
employees have in fact worked overtime and, if so, how
much overtime pay they are due. Report Link Supreme Court FLSA Decision Relieves Domestic Service Industry: Deference to DOL Regs a Good Sign (pdf).Vedder Price - August 31, 2007 The companionship service exemption spares from
the FLSA’s minimum wage and overtime provisions
employees who provide in-home companionship
services to elderly or infi rm persons unable to care for
themselves. Report Link Ninth Circuit Finds Employees' Claims for Overtime Compensation Related to Time Spent Traveling to and From Work Meeting Sites are not Pre-Empted by the LMRA.Ford & Harrison LLP - June 22, 2007 In Burnside v. Kiewit Pacific Corporation (June 20, 2007), the Ninth U.S. Circuit Court of Appeal held that claims brought by a class of unionized employees relating to compensation for time spent attending and traveling to and from company-mandated meetings were not pre-empted by Section 301 of the Labor Management Relations Act (LMRA), even though the issue was expressly addressed in the various pertinent collective bargaining agreements (CBAs). Accordingly, the Ninth Circuit remanded the action to state court. Report Link Courts Approve Method for Calculating Overtime that Can Reduce Overtime Costs (pdf).Vedder Price - July 19, 2006 The FLSA normally requires employers to pay
nonexempt employees time and one-half their regular
rate of pay for all hours worked over 40 in a workweek.
Under the “fl uctuating workweek” method, however,
employers who meet certain requirements may pay
nonexempt employees a fi xed salary for all hours
worked and compensate them at one-half their
regular hourly rate for all hours worked over 40 in the
workweek. This can mean less overtime pay for the
employee and less overtime expense for the employer. Report Link Court Rules Sick Day Buyouts Must Be Included in Overtime Pay Calculation.Jackson Lewis LLP - March 08, 2006 As a general rule, employers do not take into account payments for unused sick days when calculating overtime wages for departing employees. A recent decision by the U. S. Court of Appeals for the Eighth Circuit calls that practice into question. The case involved firefighters in Columbia , Missouri , who had "banked" sick time and were eligible to participate in a sick day cash-out program. Report Link Self-Storage Managers' Overtime Claims Dismissed By Court (pdf).Ogletree Deakins - June 03, 2005 The Fourth Circuit Court of Appeals recently rejected a lawsuit brought by two employees who claimed that they were denied overtime in violation of the Fair Labor Standards Act (FLSA).
According to the court, the employees were “fully compensated under the terms of a reasonable employment agreement between the parties.” Report Link Alternative Workweek Schedules: What Are the Rules?Jackson Lewis LLP - April 12, 2005 The maximum number of daily hours that may be regularly scheduled as part of an alternative workweek is currently the subject of debate. For most employers, the California DLSE has taken the position that the maximum number of daily hours regularly scheduled in an alternative workweek is 10. Report Link Are You Paying the Correct Amount of Overtime?Fredrikson & Byron, P.A. - March 11, 2005 If asked, most employers will say that non-exempt employees must receive overtime for all hours worked over 40 in a workweek. Most employers also will say that the amount of overtime due is one- and-one-half times the employee’s hourly rate. But wait, is this second statement correct? Report Link New Overtime Regulations Clear Final Hurdle (pdf).Jones Walker - October 22, 2004 On August 23, 2004, the long awaited "section 541" overtime
regulations finally became effective after avoiding last-ditch attempts in
Congress to scuttle them. Report Link White-Collar Exemption Changes [PDF File, .1]Jones Walker - July 24, 2003 The United States Department of Labor (“DOL”) recently issued proposed changes to the regulations governing which employees are entitled to overtime. Report Link Labor Department Proposes Changes to 50-year Old Wage and Hour Rules on Exempt Employee Status.Jackson Lewis LLP - April 01, 2003 On March 31, 2003, the U.S. Department of Labor, Wage and Hour Division issued Proposed Rules and Request for Comments regarding modifications to the definitions of exempt employees under the Fair Labor Standards Act (29 C.F.R. § 541). Report Link Home Care Nurse Receiving Combination "Fee" and Per Hour Compensation Is Not Exempt from Overtime Pay.Jackson Lewis LLP - April 01, 2002 Discusses Elwell v. University Hosps. Home Care Servs., No. 00-3061 (6th Cir. January 11, 2002), in which the court held that a home health care nurse who was paid a set fee for home patient visits plus an hourly rate for other work she performed in connection with her job was not an exempt professional for purposes of overtime pay under the federal wage and hour law.
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ArticlesFound: 17 ArticlesSUBTOPICS Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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