Articles Discussing Overtime Under The FLSA.
U.S. Supreme Court Holds Employees Paid on a ‘Day Rate’ Basis Are Entitled to Overtime Pay
Affirming an en banc decision of the U.S. Court of Appeals for the Fifth Circuit, the U.S. Supreme Court has held that an employer’s day-rate pay structure did not satisfy the “salary basis” component of the “white collar” executive exemption under the Fair Labor Standards Act (FLSA), even though the employee at issue earned more than $200,000 per year and unquestionably met the salary-level and duties requirements of that exemption.
ELEVENTH CIRCUIT REINFORCES FLUCTUATING WORKWEEK METHOD OF PAYING OVERTIME
The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an employee’s regular rate for all hours worked greater than forty in a workweek, instead of “time-and-a-half” pay for those hours. This method of pay — called the “fluctuating workweek method” — may be used when a nonexempt employee’s weekly hours vary.
Former CBD Store Employee Settles Misclassification and OT Dispute with Employer
A former employee of Deep Six CBD reached a settlement with the company over alleged misclassification of his employment status and subsequent pay issues. A Pennsylvania federal judge tossed the plaintiff’s proposed class action lawsuit following the agreed settlement, dismissing the case with prejudice. Details of the settlement were
Car Seat Manufacturers Sued for Not Including Bonuses in Overtime
In November, an overtime lawsuit was filed in Ohio federal court against two car seat manufacturers who allegedly failed to include bonuses in calculating workers’ pay. According to the class-action complaint, Grammar Inc., and Toledo Molding & Die, LLC paid less in overtime wages to their employees than what was
Burlington Settles in $11 Million Unpaid Overtime Wage Case
Burlington reached an $11 million settlement following a class action lawsuit that accused the company of failing to pay overtime wages. The complaint included several employees who were denied proper overtime compensation while working for the discount retail giant. The lawsuit was originally filed by a former assistant manager
Bloomberg Accused of Evading Overtime Payments
Two years ago, Bloomberg LP settled a $3 million lawsuit that accused the company of failing to pay its workers overtime wages. Now, Bloomberg is once again under fire for illegal payment practices. Heidi Diaz, a former human resources employee at Bloomberg, is the lead plaintiff in the class action,
Amarak Sued Again for Unpaid Wages and Failure to Pay Overtime
Aramark Corporation, a food service, facilities, and uniform service provider, faces a class action employment lawsuit. A subsidiary of the company failed to pay overtime wages to employees that have worked more than 40 hours per week, which is a direct violation of the Fair Labor Standards Act (FLSA), an
Home Health Care Agency and Staffing Firm Expected to Pay $2.5 Million for Overtime Wage Violations
Earlier this month, U.S. District Judge Christy Criswell Wiegand delivered a decision that found a home care agency and a staffing firm guilty of collaborating to withhold overtime wages. The suit, which was filed by the Department of Justice (DOJ) in 2019, accused Elder Resource Management Inc. and Staff Source
Honda Sued for Overtime Pay Following Cyberware Attack
Honda worker, Brandon Whatley, has filed a class action lawsuit against the automaker for unpaid overtime wages. Whatley claims that he did not receive overtime compensation after a cyberattack on workforce management company, Kronos, impacted Honda’s timekeeping system. According to an article on Law360, Whatley seeks to represent all former
Former Allstate Employee Files Class Action Lawsuit Alleging Overtime Violations
In a class action lawsuit filed in an Illinois federal court against Allstate, former employee Nadia Ward sues the company for allegedly violating the Fair Labor Standards Act (FLSA). Ward, who has worked for Allstate for approximately nine months, claims she did not receive full compensation for the overtime hours
Private Firefighters Sue for Unpaid Overtime
Last month, private firefighters working for Lockheed Martin Corporation’s plant in Marietta, Georgia filed a lawsuit against their employer in the U.S. District Court for Northern District of Georgia. The firefighters are accusing Lockheed of not paying them their overtime wages and thus violating the Fair Labor Standards Act
CBD Store Owners Reach Settlement in Overtime Lawsuit
Earlier this year, an hourly sales associate sued the operators of two CBD shops in Texas for unpaid overtime in violation of the Fair Labor Standards Act (FLSA). Jay and Jamie Ashley are the owners and managers of two CBD USA Plus franchises, Sherman Hemp LLC and Ashten LLC.
DOL Sues New Jersey Company for Overtime Wage Violations
In May of 2020, the Department of Justice (DOL) filed a lawsuit against FTR Electrical & HVAC Services for denying its employees their overtime wages. The New Jersey-based company faced accusations of violating several parts of the Fair Labor Standards Act (FLSA). The DOJ filed the suit in the US
Walmart Fails to Slow Down Unpaid Overtime Lawsuit Filed by Night Managers
Last month, Walmart filed a motion for partial summary judgment in an attempt to dismiss some of the claims brought against the retail giant in an unpaid overtime pay lawsuit filed by night managers. The plaintiffs in the lawsuit, which was filed in 2016, have accused Walmart of misclassifying