201111.09
0

Overtime and the Clock

Overtime Without the Clock Most employees are entitled to be paid based on the hours that they worked, and not on a salaried basis, plus overtime wages. Workers who are paid by the hour usually clock in and out of work. This can be done in many ways, from sign-in sheets to punch clocks to… Continue Reading Overtime and the Clock

201108.05
0

FLSA Defendants Identified Several Fatal Flaws – And Won On Each Defense Asserted

The Eleventh Circuit Court of Appeals recently issued an “unpublished” opinion involving the “companionship services exemption” found at 29 U.S.C. §214(a)(15) and the “economic reality” of who actually employed an elderly caregiver who worked around 105 hours a week. Rodriguez v. Jones Boat Yard, Inc. and Victor Bared, Case No.: 10-15326, July 26, 2011. In… Continue Reading FLSA Defendants Identified Several Fatal Flaws – And Won On Each Defense Asserted

201108.01
0

Court Refuses To Seal A Settlement Agreements In An Overtime Cases Brought Under The FLSA – Even When Both Sides Are In Agreement…

In the Eastern District of Virginia, the Honorable T.S. Ellis, III, decided that it was in the best interests of the public at large to not keep the settlement of an overtime case brought under the Fair Labor Standards Act (FLSA) confidential and under seal. In Miles v. Ruby Tuesday, Inc., Case No.: 1:11cv135, Judge… Continue Reading Court Refuses To Seal A Settlement Agreements In An Overtime Cases Brought Under The FLSA – Even When Both Sides Are In Agreement…

201107.29
0

You Can Count on the FairLaw Firm to Recover Your Unpaid Wages and Overtime

I recently came across a 2009 statement from the 2009 General Accounting Office (GAO) while researching the Wage and Hour Division’s (WHD) investigation of wage and overtime cases. The statement, which is entitled “Wage and Hour Division’s Complaint Intake and Investigative Processes Leave Low Wage Workers Vulnerable to Wage Theft,” included the following conclusion after… Continue Reading You Can Count on the FairLaw Firm to Recover Your Unpaid Wages and Overtime

201107.19
1

Make Your Case Stronger By Starting A Journal And Keeping Your Own Records

You have every incentive to strengthen your own case, especially when considering that you have the burden to prove that you worked overtime by establishing (a) the dates when you worked overtime and (b) the amount of overtime (times) you actually worked. To gather the specific information necessary to prove an unpaid overtime claim, the… Continue Reading Make Your Case Stronger By Starting A Journal And Keeping Your Own Records