With the economic downturn largely in America’s rearview mirror as job creation and employment continue to rise, there’s been a lot of talk about the quality of many of those new roles. Whether it’s fast food workers or retail employees, the most prominent new labor issue is not whether there…
Articles Posted in Minimum Wage
Courts Continue to Clarify What Constitutes an Employee
The economic downturn that began in 2008 changed a lot of things about the job market. Apart from the jump in unemployment rates, may of the jobs that were available were no longer the full-time positions that traditionally served as the norm for the workforce. More roles were converted to…
Celebrating Wins for the Working Class
Much as single days celebrating mothers and fathers seem to fall short of fully acknowledging everything they do for their families, a lone Monday off in honor of America’s hard workers is far from all the reward they deserve. Of course, that shortfall is unfortunately what keeps employment law attorneys busy…
NLRB Decision Shakes Up Liability for Franchise Restaurants
“McJobs” may soon come with a side of leverage for workers who find themselves the victims of labor law violations. In a surprising move, the general counsel for the National Labor Relations Board (NLRB) last month permitted regional directors to name McDonald’s Corp. as a joint employer along with its…
Salary Issues: The Professional Exemption under the FLSA
Although minimum wage and overtime pay regulations apply to most employees in the United States, there remain certain employees that are exempt from both. Section 13(a)(1) of the Fair Labor Standards Act (FLSA) notes exemptions for professional, executive, administrative, and outside sales employees. Certain computer employees are also exempt under…
Guide to Exemptions Under the FLSA
The Fair Labor Standards Act (“FLSA”) is one of the key protections for American workers. It sets a price‑floor by means of the minimum wage, and it reduces the hours that Americans are required to work by requiring overtime pay for hours above forty per week. However, when the law…
“Employees” and “Independent Contractors” Under the FLSA
The FLSA is a broadly remedial statute that was designed with the dual goals of raising wages for the economically vulnerable while at the same time increasing employment. To accomplish these goals, the FLSA renders illegal any employment contract involving wages that are lower than the minimum wage or for…