In a recent decision issued by the Ninth Circuit Court of Appeals, it was ruled that the Fair Labor Standards Act (FLSA) requires compensation for pre-shift duties, such as turning on a computer and logging into a system. This reverses a lower court decision that had ruled the opposite, exempting employers from compensating employees for this extra time. The result could be a substantial increase in the pay for certain wage-earners.
According to the Fair Labor Standards Act (FLSA), every non-exempt employee in the United States must be paid at least one and a half times their normal wage if they work more than eight hours in a day, or forty hours in a week. And yet, employers regularly refuse to pay their employees the wages they have earned, effectively stealing money they are legally entitled to. So how do you know if your employer is stealing your overtime pay, and what should you do if they are?
Many people feel uncomfortable talking about their salary, especially with their other coworkers. They may think it is rude, or be afraid of retaliation from their boss for discussing that information. However, if you talk to your coworkers about how much you are paid, you could find some extremely useful information that you can use to your benefit. Here are just a few reasons you should speak to your coworkers about your salary?
The term “wage theft” is used to refer to any instance where an employer fails to give employees the wages they are owed. This hidden scourge is estimated to cost New Yorkers $3.2 billion every single year, with many of the victims being workers who make minimum wage, or close to minimum wage. Here are five of the most common forms of wage theft that employers commit against their employees:
The New York State Department of Human Rights (NYSDHR) has announced that it has stopped the policy of discontinuing complaints about labor and employment violations after the parties have reached a private settlement. Supporters of the change say that it will help to prevent future labor and employment abuses. However, critics of the new policy say that it will harm people’s ability to obtain private settlements, dragging out cases for months or years and encouraging more employers to go to trial.
If there is one thing most people can agree on, it is that 2020 was not a pleasant year by any stretch of the imagination. For employees, however, it has been especially harsh, with many workers missing out on vacations they were legally entitled to, or being forced to use their vacation days to comply with quarantine procedures. In some cases, this has created complex situations for employers, who have had to wrestle with adjusting to problems caused by the coronavirus pandemic. Continue reading “Employees Took Fewer Vacation Days in 2020”
A New York federal court has struck down a United States Department of Labor (DOL) rule that limited who could benefit from a law that granted paid leave due to the coronavirus. The court stated the DOL overstepped its authority by issuing the limitation and said that there was no basis in law for the rule it issued. Additionally, it struck down an interpretation of the law that expanded an exception for “health care providers,” and partially vacated other interpretations of the law which limited people’s ability to take time off. Continue reading “NY Federal Court Strikes Down Rule Limiting COVID Paid Leave”
The Department of Labor (DOL) has issued its final rule for joint employment under the Fair Labor Standards Act (FLSA). The rule helps to clarify an area of employment law that has long been a source of contention between employers and employees, ending contention that goes back at least sixty years. In particular, it creates clear criteria for what a “joint employer” is and what responsibilities they have to their employees. Continue reading “DOL Issues Final Rule on Joint Employment”
A British court has ruled that an employer discriminated against a young woman for being too young, under the U.K. Equality Act. The law, unlike equivalent legislation in the United States, prohibits all forms of age discrimination, whether against older employees or younger ones. Typically, age discrimination laws only protect older workers from being discriminated against, but some hope the U.S. might extend similar protections to younger workers as well. Continue reading “U.K. Court Rules Woman Was Discriminated Against for Being Too Young”
The most fundamental part of any employment relationship is the basic notion that a worker will receive wages from his/her employer in exchange for services rendered. That basic concept, however, often leads to conflict and strife, as there are constantly wage and hour disputes between workers and employers about how much they’re owed for the work they put in. Here’s just a handful of common “wage and hour” disputes that happen every day: Continue reading “Four Common Wage and Hour Disputes”