Industry News

Overview of the FLSA Exemptions – Managers

Managers may be entitled to minimum wage and overtime pay unless they meet the specific exemption requirements of the Fair Labor Standards Act (“FLSA”). As a general rule, all employees are entitled to be paid minimum wages and overtime pay when they work more than 40 hours in a week. However, the FLSA has several…

What is a Salary?

Overtime pay and minimum wages are due to most employees unless they are paid a salary and have job duties that are considered exempt under the Fair Labor Standards Act (“FLSA”). Most employees and unfortunately, many employers, cannot explain the definition of a salary. Below, we will attempt to explain the characteristics of a salary…

FLSA’s Overtime Laws Promote Jobs

In 1937, President Roosevelt said that the Fair Labor Standard’s Act’s (“FLSA”) minimum wage and overtime laws are intended to ensure that “all out able-bodied working men and women [receive] a fair day’s pay for a fair day’s work.” Those same provisions also promote job growth by discouraging employers from over-working their employees by putting…

Your Right to Know

Minimum wage and overtime laws are often complex and difficult to understand. That is why the US Department of Labor is currently proposing rules that would require employer to disclose to workers how their employee classification is determined. The purpose of the proposed rule-making is to help workers understand their employment status and the protections…

Overtime Pay is Owed to Pharmaceutical Sales Reps

Overtime laws require most employees to be paid overtime when they work more than forty hours in a week. However, overtime pay has been denied to pharmaceutical sales representatives for some time. Recent interpretations of the law have given rise to some changes and many pharmaceutical employees are entitled to repayment of overtime. For years,…

Proving Your Right to Overtime Pay

Minimum wage and overtime labor laws require employers to keep track of all hours worked by their employees. However, many employers either don’t track their employees’ hours or do not track the type of work being performed. In an effort to simplify their payroll process, some employers simply pay their workers based on the number…

Call Center Investigation

Osman & Smay LLP is currently investigating potential claims on behalf of call center employees.  Call center employees are often required to work significant hours and may not be paid for all hours worked.  Many call centers utilize computer systems requiring call center employees to clock-in to time-keeping software to begin tracking the number of…

Health Care Workers Forced to Work Off-The-Clock

Osman & Smay LLP recently filed a federal collective action lawsuit asserting that health care workers were allegedly forced to perform work off-the-clock and not paid all overtime wages due under the Fair Labor Standards Act.  The case involves a nursing home that allegedly had a policy and practice of not paying overtime compensation by…