Industry News

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…

Misclassification of Health Care Workers as Exempt

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…

Many Salaried Workers Are Entitled to Overtime

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,…