Hourly employers (and employers who use hourly employees) are well acquainted with the “time clock.” Employers have an obligation to accurately record hours worked and pay workers for all time worked; otherwise, they risk violating the Fair Labor Standards Act. Employers, however, need not pay workers down to the minute.…
On TV, parties often win their court cases as a result of a massive revelation during trial in open court. In real life, parties often sow the seeds of their success before the trial even starts. A truck driver’s recent unpaid overtime case illustrates just how critical pre-trial motions can…
Restaurant work is often fast-paced and can be hectic. Providing quality service to customers requires a high degree of teamwork and can demand that workers wear many “hats.” This may potentially create some gray areas when it comes to tip pools. If you have questions about who should — and…
A minimum wage case that recently came before the 11th Circuit Court of Appeals (whose decisions control federal lawsuits in Georgia, Florida, and Alabama) is an example of how employees with legitimate Fair Labor Standards Act claims can still lose if they proceed without counsel and get tripped up by…
The rules the Fair Labor Standards Act sets up regarding time-and-a-half overtime compensation are often nuanced and can be complicated. Employers risk noncompliance when they fall into the trap of oversimplification. For example, paying a worker a large sum every week or month does not necessarily mean that the worker…
The U.S. Department of Labor has made multiple noteworthy changes in the wake of the transition from President Biden to President Trump in January. The changes remind employers and employees alike of the high impact federal regulations have on wage and hour law. Employers and employees alike should be mindful…
One of the more thorny Fair Labor Standards Act issues for employers is ensuring proper compensation of employees who spend time doing activities that are essential but tangential to their jobs. Even if workers spend only minutes each day on these activities, the law says they are entitled to payment…
New technologies affect all aspects of our work lives. Workers who once wrote their clock-in and clock-out times on paper cards eventually began “punching” in and out using automated machines. Later, they clocked in and out on special electronic timekeeping machines, and eventually, timekeeping became a computerized function. With each…
When you pursue or defend an unpaid overtime case under the Fair Labor Standards Act, there are a lot of variables and uncertainties. One thing that is certain, in the wake of a recent U.S. Supreme Court ruling, is the standard of proof that applies when the dispute centers around…
Some employees work at the same location, performing the same role every day. A lot of workers, however, do not. They may work for their employer in multiple locations and perform various roles. Employees in this latter category may be at an exceptionally high risk of suffering the harm of…