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 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,…
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…
Osman & Smay LLC 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…
Osman & Smay LLC 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…
Osman & Smay LLC recently filed a federal collective action lawsuit asserting that health care workers were allegedly improperly classified as exempt from overtime. The case involves health care workers whose job duties require them to provide care to mentally and physically disabled persons living in a group home setting. The plaintiff alleges that she…
This is a question that most workers need to ask much more frequently. Most employees believe that their overtime rate should be 1.5 times their hourly rate. However, the Fair Labor Standards Act requires that covered employees receive an overtime rate of 1.5 times their “regular rate,” and makes no mention of an “hourly rate.” …
Although workers can not typically prevent an employer from violating their rights, there are things that workers can do to protect themselves. The following is a list of five things that employees should be doing to prevent employers from taking advantage of them. Learn About Your Rights: Understanding your rights in the workplace is the…
The general rule, under federal law, is that employees are entitled to overtime pay when they work more than 40 hours in a week. Most people believe that workers who are paid a salary are disqualified from being paid overtime. Unfortunately, this unqualified conclusion is false. Although many salaried workers are not entitled to overtime,…
People often ask this simple question, but the answer is frequently complex and requires a detailed review of several issues. Generally, these issues can be simplified into three simple areas: 1) How are you paid?; 2) How much are you paid?; and 3) What do you do? One of the first questions that I ask…