TECHTOWN | Erik Sherman Chances are, you lack the expertise and tools to navigate the intricate details. Here’s how your business might be at risk. Last year, retail chain Dick’s Sporting Goods agreed to a $15 million settlement of a class action wage and hour lawsuit under the laws of 36 states. A big number, and the type of labor lawsuit that gets big press. But don’t think that most targets of lawsuits over claims of missing wages under the Fair Labor Standards Act and state laws are big companies. According to Seyfarth Shaw partner Noah Finkel, one of the editors of  [ Read More ]

Q:       What is covered under the Fair Labor Standards Act (FLSA)? A:        Though it regulates other employment issues, the FLSA primarily establishes a federal minimum wage and overtime pay requirements. This article covers the act’s minimum wage provisions. Q:       Are all employees covered by the FLSA? A:        The FLSA covers most employees. It applies to any business that grosses at least $500,000 in annual gross volume of sales or business and to any smaller business whose employees are engaged in, or whose duties are directly essential to, interstate commerce. Governmental entities are also subject to the FLSA, although special wage  [ Read More ]

By Eve Tahmincioglu, Today contributor There’s a simple workplace axiom: You put in your hours and get paid for them. Alas, this doesn’t always happen. There’s been a record spike in wage and hour violation claims by employees thanks to sustained tough economic times, an increase in enforcement by the government, and confusion over — or disregard of — overtime pay provisions. Already this year, there have been a record number of lawsuits filed under the Fair Labor Standards Act, which covers wage and hour provisions, with 7,064 filed so far this year. That’s up from 7,006 filed for all  [ Read More ]

The Fair Labor Standards Act of 1938 (FLSA) establishes federal standards for workers regarding minimum wage, overtime pay, record keeping, and child labor. Covered employees are entitled to minimum wage not less than $5.15 per hour, and overtime pay at a rate of not less than 1 and ½ times the regular rate of pay for all hours worked after 40 hours in a workweek. Under most circumstances, an employee must be at least 16 years of age to work. Most states, including New York and New Jersey, have minimum wage rates that track the federal rate. Where federal and  [ Read More ]

The Fair Labor Standards Act is a federal statute originally passed in 1938 setting minimum hourly wages, and maximum daily and weekly work hours after which overtime rates must be paid. The Act also restricts child labor in industries engaged in interstate commerce. Public employees were included in the Act in 1974. The Fair Labor Standards Act’s (FLSA) basic requirements are: 1. Payment of the minimum wage; 2. Overtime pay for time worked over 40 hours in a workweek; 3. Restrictions on the employment of children; and; 4. Recordkeeping.; In order for the FLSA to apply, there must be an  [ Read More ]