In-home health care workers are currently exempt from the Fair Labor Standards Act (“FLSA”). This means that they are not entitled to receive at least a minimum wage or overtime pay. But things may be changing. In December of 2011, the Obama administration announced that it wanted to expand the overtime and minimum wage protections… Continue Reading Home Health Care Workers May Soon Be Entitled To Overtime (And At Least Minimum Wage)
Deparment of Labor Letter?
My office gets contacted by employees who receive letters from the Department of Labor saying that they are owed back wages. These back wages are usually underpaid minimum wages or unpaid overtime pay. While I respect the Department of Labor and those in the local offices with whom I have spoken on matters, especially for the… Continue Reading Deparment of Labor Letter?
Maybe You Are Entitled to Overtime Pay
I have assistant managers contact me to ask whether they are entitled to overtime pay. They explain that they don’t make decisions about hiring or firing other employees, don’t set schedules, and don’t have the ability to suspend or reprimand other employees. They perform job duties that are almost identical to everyone around them, except… Continue Reading Maybe You Are Entitled to Overtime Pay
When Is An Independent Contractor Entitled To Overtime Or Minimum Wages
When he or she is actually an “employee”. I have a lot of people who come to my office and say that they were paid as independent contractors (or 1099 workers). Often, they were paid the same amount every hour, every day, every delivery, every job, or every week. They were told: when to show… Continue Reading When Is An Independent Contractor Entitled To Overtime Or Minimum Wages