Industry News

Employer Provided Cell Phones May Create Unpaid Work

Recently, the Internal Revenue Service (“IRS”) submitted a public notice stating that cell phones issued by employers as a working condition are no longer includable in the employee’s taxable income as a fringe benefit. Employees will now be happier to receive a tax free cell phone and it is quite possible that more employers will…

Are you an Independent Contractor or an Employee?

Determining whether you are an independent contractor or an employee could significantly affect your rights to compensation.  For example, independent contractors are not entitled to minimum wage, overtime, unemployment  benefits, and workers compensation, while employees are generally entitled to these benefits and more. Therefore, it is extremely important to understand the difference between independent contractors…

Many Servers in the Restaurant Industry are Owed Minimum Wages and Overtime

Servers and other tipped employees are often improperly compensated by their employers and entitled to unpaid minimum wages and overtime compensation.  The general rule under the Fair Labor Standards Act (“FLSA”) is that all employees are entitled to a minimum wage (currently $7.25) for every hour worked in a workweek and overtime compensation in the…

Why do we celebrate Labor Day?

This Labor Day as many of us enjoyed a long weekend with cooling temperatures and neighborhood barbecues, almost none of us truly understand why we celebrate the holiday.  As an employment lawyer working for employees with minimum wage and overtime claims arising out of working too many hours for too little pay, I would be…

Overview of the FLSA Exemptions – The Computer Professional

Many computer employees working in the Information Technology (IT) field are entitled to the payment of  minimum wages and overtime pay unless they meet the specific exemption requirements of the Fair Labor Standards Act (“FLSA”). In this post, we will discuss the requirements for the Computer Professional exemption. The Computer Professional In order to qualify for the Computer…

Overview of the FLSA Exemptions – Outside Sales

Many salespeople who earn their livings through commissions are entitled to the payment of  minimum wages and overtime pay unless they meet the specific exemption requirements of the Fair Labor Standards Act (“FLSA”). In this post, we will discuss the requirements for the Outside Sales exemption. The Outside Salesperson In order to qualify for the Outside Sales exemption,…

Overview of the FLSA Exemptions – Creative Professionals

Doctors, Lawyers, Teachers, Nurses, Scientists, Writers and Artists are often considered to be professionals who are not entitled to minimum wages and overtime pay. While this is often correct, analysis of the specific exemption requirements of the Fair Labor Standards Act (“FLSA”) is required to determine whether a particular employee is entitled to overtime or not….

Overview of the FLSA Exemptions – Learned Professionals

Doctors, Lawyers, Teachers, Nurses, Scientists, Writers and Artists are often considered to be professionals who are not entitled to minimum wages and overtime pay. While this is often correct, analysis of the specific exemption requirements of the Fair Labor Standards Act (“FLSA”) is required to determine whether a particular employee is entitled to overtime or…