Since its introduction in 1938, the Fair Labor Standards Act (FLSA) has served as a guardian against the unfair treatment of full and part-time employees throughout the United States. The FLSA regulates minimum wage, child labor, overtime payment, and recordkeeping for federal, state, and local governments, as well as employees…
November began on a high note for Parks, Chesin & Walbert with the successful appeal of a security clearance denial. The client, a government contractor based in Washington, DC, was initially denied an industrial security clearance by the Department of Defense (DoD). The Statement of Reasons (SOR) issued by the…
Under the Fair Labor Standards Act, nonexempt employees are entitled to overtime at a rate of one and one-half times their regular hourly rate for hours worked in excess of 40 per week. However, it is possible for a nonexempt employee to be paid on a “salary” basis, in which…
Business owners are well-advised to organize their businesses using one of the legal forms that provides for limited liability protection. These forms include the Limited Liability Company (“LLC”) , the Limited Liability Partnership (“LLP”), and the Corporation. The advantage of incorporating a business in this manner is that the owners…
On Tuesday, June 5, 2012, Parks, Chesin & Walbert scored a decisive victory for Seven Oaks Academy of Lilburn, Georgia, successfully defending the small daycare against a former employee’s appeal of the District Court’s Order dismissing her lawsuit. The plaintiff’s claims, which grew out of allegations of religious discrimination, included…
It is a common misconception among employers that simply paying a salary avoids the burden of paying overtime wages. Failing to properly classify salaried employees can have devastating consequences, including liability for unpaid overtime wages for highly compensated employees who routinely work well over 40 hours per week. The Two…
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…
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…
When employees initiate lawsuits after separating from employment, they must typically meet certain burdens if they seek money damages, including a demonstration that they mitigated, or limited, their damages by pursuing a diligent job search. While this “duty to mitigate” damages is used routinely to limit back pay awards in…
Once terminated, former employees are often surprised to hear the employer’s reasons for termination. In many cases, former employees feel that the reason given for termination is unfair, deceptive, or simply a lie. To make things worse, employers don’t always provide a clear reason at the time of the firing.…