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Filed Under: Resources

Residential Care Overtime Pay Violations

WASHINGTON D.C. — The U.S. Department of Labor, after conducting an investigation, found that Agape Cottages, which operated residential care facilities in Orange County, CA, violated the Fair Labor Standards Act (FLSA). The Wage and Hour Division of the agency negotiated an agreement in which the company will pay nearly $200,000 in back wages to […]

Overtime Pay For “Off The Clock” Work

WASHINGTON D.C — If you are you required to work “off the clock” by your employer, this can be a violation of federal overtime pay laws.   Companies try to cheat employees out of overtime wages by classifying work as “off the clock.”  This really that you are doing your job but not being credited for time […]

How to Determine If You Are Contractor or Employee

WASHINGTON D.C — On July 15, 2015, the Wage and Hour Division of the U.S. Department of Labor issued additional guidance on employee misclassification as independent contractors under the Fair Labor Standards Act (FLSA). According to the guidance, which came in the form of an Administrator’s Interpretation, DOL continues to receive numerous misclassification complaints, and […]

Six Factors To Determine Federal Contractor Status

WASHINGTON D.C — In a recently-issued Wage and Hour Division Administrator’s Interpretation, the U.S. Department of Labor clarified the factors that employers have to consider in determining whether a worker is an employee or a federal contractor. These factors, collectively known as the “economic realities” test, weigh heavily in favor of a worker’s classification as […]

“Suffer or Permit” and Unauthorized Overtime Pay

WASHINGTON D.C — Employees who are not exempt under the federal Fair Labor Standards Act (FLSA) are entitled to pay for every overtime hour their employer “suffers or permits” them to work. This standard usually compels employers to pay for extra hours. FLSA requires employers to pay non-exempt employees time and a half for overtime […]

After-Hours Emails and Cell Phone Messages Overtime Pay

NEW YORK — A recent article from the Wall Street Journal titled “Can you Sue the Boss for Making You Answer Late-Night Email?” has highlighted the issue of the graying line between work hours and non-work hours. The article indicated that several lawsuits have alleged that companies expect employees to work unpaid and off-hours via […]

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