Overtime Lawyer Blog

When Must I Be Paid As An Intern?

Thu, 17 May 2012 17:33:56 -0500

Despite recent efforts to clarify just when it’s acceptable to hire an unpaid intern, many workers – including large numbers of college students – report mistreatment and confusion surrounding the rules. In fact, news has reported on several high profile lawsuits concerning internships at Harper’s Bazaar and Fox Searchlight.

Remember – if you’re working at an unpaid internship it should be for your benefit and training and not the employers. In fact, many times internships may be to the detriment of the employer.

Before you accept an unpaid internship, it’s a good idea to talk with an experienced Georgia wage and hour attorney to ensure that you’re not being cheated out of the training and guidance you deserve.

So what are the rules surrounding workers rights and internships? The main rules come from the Fair Labor Standards Act (FLSA). The FLSA provides guidelines concerning what distinguishes an intern from an employee and entitled to pay.

These guidelines include:

• The employer must derive no immediate advantage from the activities of the intern;
• The internship must be for the benefit of the intern;
• An internship should not include tasks that would otherwise be assigned to paid employees; and
• An intern isn’t necessarily entitled to a job at the end of the internship.

What Is Illegal Retaliation Under The Fair Labor Standards Act?

Fri, 11 May 2012 12:07:43 -0500

Companies that retaliate against workers for complaining about pay practices may be violating the Fair Labor Standards Act. Retaliation includes such actions as firing, failing to promote, transferring to a worse location or one of many other negative employment actions.

The Department of Labor has issued a new FLSA retaliation fact sheet concerning illegal retaliation against employees. The fact sheet provides general information relating to the FLSA’s prohibition against retaliation against people who have filed a complaint or cooperated in an investigation.

The prohibited actions apply whether you are an exempt or a non-exempt employee.

The specific provision provides "it is a violation to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee."

Further, based on Supreme Court law complaints don’t have to be written to be the basis of a retaliation action. As long as the complaint is sufficiently clear and detailed – even if it’s verbal – your rights may be protected.

Wal-Mart Pays $4.83 Million In Back Wages For Overtime Violations

Thu, 03 May 2012 11:13:07 -0500

In a victory for thousands of employees, the Wal-Mart back wages case has been resolved, with Wal-Mart agreeing to pay $4.83 million in back wages and damages to employee based on violations of the federal Fair Labor Standards Act (FLSA) overtime provisions.

The FLSA requires that all non-exempt employees be paid overtime for time worked in excess of 40 hours in any workweek at the rate of 1 and ½ times your regular rate pay. If you have questions about overtime pay, or think you haven't been paid what you deserve, it's important to speak with a knowledgeable Atlanta overtime pay lawyer right away.

Determining whether an employee is exempt or non-exempt is a critical.

Exemptions are rules that state that if you make more than a certain amount of money per week, and if you perform a certain type of “white collar” work, then you are exempt from the overtime laws, and your employer need not pay you time and a half no matter how many hours you work in a week.

There are three principal exemptions under the FLSA:
• Executive
• Administrative
• Professional

Employees who are non -exempt are entitled to overtime pay, which can make a big difference in your take home pay.

Here, the U.S. Department of Labor (DOL) has determined that Wal-Mart violated the FLSA by misclassifying the employees as exempt and denying the workers the overtime they were entitled to.

Employers Must Pay Workers Overtime, Regardless Of Citizenship Status

Thu, 26 Apr 2012 12:38:17 -0500

A recent overtime lawsuit from New York emphasized the fact that citizenship status does not affect whether workers are protected by the Fair Labor Standards Act (FLSA) and entitled to overtime pay. The case looked at whether it’s okay to pay workers a set rate per day, rather than an hourly rate. The answer depends in part on if the workers are required to work more than 8 hours in a day, if they receive overtime compensation and if their pay meets minimum wage requirements. Whether the worker is an illegal alien does not affect his or her right to fair pay.

If you have questions regarding your paycheck and if your employer is paying you all the wages you are entitled to, it’s a good idea to meet with an experienced Atlanta wage and hour attorney. A knowledgeable wage and hour lawyer can review your pay stubs talk about your work situation, and help you determine your next steps.

The New York case involved a nail salon that paid its workers a set rate of pay for each day worked, regardless of how many hours worked. The employees often ended up working more than 40 hours per week without receiving overtime pay. Under the federal labor law (the Fair Labor Standards Act [FLSA]), non-exempt employees must be paid overtime compensation at a rate of 1 and ½ times their regular rate of pay for hours worked over 40 hours in any workweek. The nail salon also failed to keep records of employees’ pay and hours as required by law.

Overtime Lawsuits On The Rise

Thu, 19 Apr 2012 12:57:32 -0500

Since the height of the recession in 2008, millions of workers have been laid off, forced to work longer hours and many have received less pay. Now workers are striking back in court. According to a recent overtime lawsuit article, there has been a dramatic increase is workers suing employers pursuant to both federal and state labor laws as the result of overtime violations.

The main concern – workers putting in more than 40 hours a week without receiving overtime pay. The Fair Labor Standards Act (FLSA) requires that employers pay non-exempt employees overtime wages at a rate of one and one-half their regular rate of pay for any time worked in excess of 40 hours in any workweek. State labor laws contain similar overtime provisions.

If you have questions concerning whether you are entitled to overtime pay or believe that your employer has failed to pay you the compensation you deserve, consulting with an experienced Georgia overtime pay attorney is an important to determine your next steps.

The main complaints workers face come from putting in extra time as the result of a variety of practices, including:

• Working “off the clock”
• Being misclassified as “exempt” and not receiving pay for overtime work
• Work time encroaching on personal time with the increased use of smartphones and other technology

Raising The Federal Minimum Wage Could Help Struggling Families And Communities

Wed, 11 Apr 2012 14:28:08 -0500

A movement is underway in Congress to raise the federal minimum wage from $7.25 to as much as $10. Under current federal employment law – the Fair Labor Standards Act [FLSA] – employers are required to pay workers at least $7.25 an hour. Several states including New York, New Jersey, Connecticut, Illinois and elsewhere are pushing to raise the minimum wage above the federal level in their own states, arguing that $7.25 an hour is too meager for anyone to live on. Despite some opposition, this proposal is gaining momentum in Congress.

If you believe your employer has failed to pay you the wages you are entitled to, you may be able to file a wage and hour case against them for back wages. If you have any questions about minimum wage or your pay, it is important to contact an experienced Atlanta wage and hour lawyer to discuss your situation and determine your next steps.

Congress last passed a bill to increase minimum wages in 2006, phasing in higher rates over several years. Although some states raise the minimum wage automatically every year as the cost of living increases, federal law does not provide for an automatic increase.

In addition to helping families who get by on minimum wage, benefits of increasing the minimum wage include stimulating local economies by giving individuals more money to spend on necessities like food and clothing, which may in turn spawn new jobs.

Spill Workers To Receive Back Wages

Sun, 01 Apr 2012 14:19:02 -0500

News reports that hundreds of workers who helped with the BP Gulf oil spill clean up will receive money in back wages. According to statements, an investigation by the U.S. Department of Labor’s Wage and Hour Division revealed violations of federal labor law – the FLSA – including overtime and record-keeping infractions.

The FLSA is one of the oldest federal employment laws and sets forth certain minimum wage and overtime standards. Based on the FLSA, all employees who are not exempt must be paid at a rate of one and one-half your regular rate of pay for all hours worked in excess of 40 hours in any workweek. The failure to pay overtime is one of the leading types of FLSA violations and may lead to an FLSA lawsuit.

If you have questions about the FLSA or believe you have not received all of the overtime pay you are entitled to, consulting with an experienced Georgia overtime pay lawyer is important to ensure you receive all the compensation you are entitled to.

Here, many temporary and permanent employees for the shipbuilding industry who were hired to assist with cleanup efforts after the BP Gulf oil spill were denied all the wages they were entitled to. Reports from the DOL found that employees were only paid for scheduled hours – not overtime work – and the employer failed to keep a record of or pay employees for time spent on work-related tasks before the beginning and after the end of their scheduled work shifts. Many recent lawsuits across the country have found violations of the FLSA where employees are not paid for all time spent at-work. Examples of unpaid hours included time spent traveling to work sites, attending meetings, obtaining assignments and having personal protective equipment.

Overtime For Home Health Care Workers Proposed

Mon, 26 Mar 2012 14:53:12 -0500

This past Wednesday marked the deadline to comment on the Department of Labor’s (DOL) proposed rule to amend the Fair Labor Standards Act (FLSA) to cover home health care workers.

Despite providing protections for nearly all U.S. employees who work for a wage, including ensuring workers receive minimum wage and overtime, a long-standing loophole has excluded “companionship” workers from receiving these protections.

When the act was approved, the exemptions were meant to apply to casual babysitters and companions for the elderly and sick, not workers whose primary job is providing home care. In 1974, Congress extended these wage protections (it did not include overtime however) to domestic workers but did not include “companions” for the elderly.

Currently, an estimated 2.5 million individuals work as home health care providers/personal assistants and stand to benefit from the amendment. The number of home health care providers is expected to significantly increase, as the U.S. population ages. If you have any wage and hour questions or are concerned that you are not receiving the pay that you deserve, it is important that you consult with an experienced Georgia wage and hour law firm to ensure your rights to fair pay are protected.

The currently proposed rule would extend the federal minimum wage and overtime protections to currently excluded home care workers--who are disproportionately female and of color. Labor Secretary Hilda Solis notes, "The care provided by in-home workers is crucial to the quality of life for many families … The vast majority of these workers are women, many of whom serve as the primary breadwinner for their families. This proposed regulation would ensure that their work is properly classified so they receive appropriate compensation and that employers who have been treating these workers fairly are no longer at a competitive disadvantage.”

Unpaid Intern At Charlie Rose Show Files Wage And Hour Lawsuit

Fri, 16 Mar 2012 14:56:40 -0500

A former intern at the Charlie Rose show has filed a wage and hour lawsuit based on alleged violations of state wage laws similar to the Fair Labor Standards Act (FLSA) that require employers to pay interns who perform certain types of work.

Before you accept a position as an “unpaid intern” it is a good idea to consult with an experienced Georgia wage and hour lawyer who can determine whether you are entitled to compensation for your work.

According to the lawsuit, Lucy Bickerton worked 25-hours a week at the show performing a variety of tasks including providing background research for Mr. Rose about interview guests, assembling press packets, escorting guests through the studio, breaking down the interview set after daily filming and cleaning up the green room. “Despite the significant work they perform, ‘Charlie Rose’ interns are not compensated for any of their work,” the lawsuit said.

A representative commented that “Systematic violation of federal and state laws that coverage internships appears all too common at some media companies. More and more unpaid interns are standing up for their right to earn a wage for their work.”

Further, many employers who use unpaid internship are violating federal and state laws by having them do the jobs of employees without paying them for their work.

Internships are designed to be an educational experience that provides training – unpaid internships are only lawful in the context of a training program under which it’s possible that an employer doesn’t derive any benefit. It most situations where interns take the place of regular workers, they must be treated as employees and be paid.

Unpaid Internships May Violate The FLSA

Thu, 08 Mar 2012 22:27:50 -0500

With spring approaching and summer not far off, employers and students begin thinking about summer jobs, including summer internships. Many employers have gotten in trouble for using “unpaid interns” as a way around paying hard working employees the wages they are entitled to. The good news is that employers are slowly recognizing that strict rules exist concerning when it is fair to offer an unpaid internship and that it may be a violation of the federal fair Labor Standards Act (FLSA) if they fail to pay adequate wages. According to a recent report although fewer internships may be offered, it’s more likely that they will be paid.

Before you look for an unpaid internship, or entry-level job, it is important to understand a few basic rules about what type of position may be properly categorized as an unpaid internship and when your employer is required to pay you for your work.

If you have any questions, it is always a good idea to consult with an experienced Atlanta wage and hour attorney to answer your wage and hour questions and ensure you receive the compensation you are entitled to.

The Department of Labor sets forth specific rules concerning when an internship can be unpaid. For example, where an internship is unpaid, the company must provide the individual training – the intern cannot just be working to benefit the company. In some cases, the employer may not derive any advantage from the activities of the intern; and on occasion its operations may actually be impeded. Additionally, it’s important that an intern not displace regular employees, but works under close supervision of existing staff.

State And Federal Government Join Forces To End Employee Misclassification

Wed, 29 Feb 2012 22:32:36 -0500

Louisiana becomes the latest state to join forces with the U.S. Department of Labor’s Wage and Hour Division to crack down on employers who misclassify workers. Whether a worker is classified as exempt v. non-exempt, or as an independent contractor or employee, may have a large impact on an individual’s take home pay, as well as other employee protections and benefits.

Under the Fair Labor Standards Act (FLSA) employees who are not exempt must be paid overtime wages at a rate of one and one-half their regular rate of pay for all hours worked in excess of 40 hours in a workweek. However, if you are an independent contractor or are considered “exempt” your employer may not be required to pay overtime compensation.

If you are uncertain of your classification or believe your employer may have misclassified you – either mistakenly or intentionally – it is important to consult with a knowledgeable Atlanta wage and hour attorney immediately. You may be missing out on significant amounts back pay and overtime wages that you are entitled to.

Are Journalists Entitled To Overtime Pay?

Fri, 24 Feb 2012 12:01:46 -0500

The Fair Labor Standards Act (FLSA) is one of the oldest federal labor laws and provides many protections for workers. Among these are guarantees that workers receive minimum wage and that non-exempt workers receive overtime. Overtime compensation laws require that all employees who are not exempt must be paid at a rate of one and one-half times their regular rate of pay for all hours worked in excess of 40 hours in any workweek.

Although this sounds straightforward, whether a worker is exempt v. non-exempt and entitled to overtime pay is often the subject of wage and hour cases. Exemptions are rules that provide that if you make more than a certain amount of money per week and perform certain types of work, your employer doesn’t have to pay you overtime regardless of how many hours you put in in a week. If you have questions about whether you are entitled to overtime pay, it is important to consult with an experienced Atlanta wage and hour lawyer to provide you crucial advice concerning your take home pay.

A recent overtime pay case has raised the question of whether a Chicago Tribune newspaper reporter is entitled to overtime compensation. According to news reports, the journalist was not paid for hundreds of hours of overtime pay throughout a little over a year. She was required to work between 50-60 hours a week, but only received 5 hours of overtime pay in 2011.

A representative of the journalist stated that reporters are considered exempt when they work as “creative professionals” whose work involves “invention, imagination and talent,” but here the woman covered school board meetings and the job didn’t meet these standards.

Tip Sharing Law May Lead To Confusion And Backpay Lawsuits

Fri, 17 Feb 2012 12:20:11 -0500

New reports that hotel food and beverage workers have reached a settlement unpaid wage claim. 150 current and former food and beverage workers sued the Crowne Plaza Hotel for its failure to reimburse them for tips they earned.

Laws concerning tips and tip-sharing can be complex. Consulting with an experienced Atlanta wage and hour attorney is important if you have questions about whether you are receiving all the money you are entitled to or if you believe you have been unfairly denied all of your wages.

Often, questions arise concerning the wages paid to workers and many times, tipped employees fail to receive all the wages they are entitled to. While both state and federal law require that workers receive are entitled to minimum wage, where workers earn more $30 a month in tips, in some situations employers may use a “tip credit” against their minimum wage obligation. However, employers cannot use the “tip credit” to avoid paying minimum wage. Additionally tips are only the property of the employee and employers cannot use tips other than as part of a tip credit.

When Is An Unpaid Internship Illegal?

Thu, 09 Feb 2012 11:37:10 -0500

A recent unpaid intern lawsuit filed in New York raises issues that every intern should be aware of including, when should I be paid?

The New York unpaid intern case involves a former intern who worked for the magazine Harper’s Bazaar. She has sued the magazine’s publisher, Hearst Corporation, for violations of the Fair Labor Standards Act (FLSA). Specifically, she asserts that her internship violated the FLSA because she was not paid. Accordingly to the lawsuit, she worked at least 40 hours a week, and sometimes as much as 55 hours/week without receiving pay or overtime wages.

The FLSA provides that all employees must be paid minimum wage and all non-exempt workers who put in more than 40 hours in a work week are entitled to overtime compensation at a rate of one and one-half times their standard rate of pay. The laws are different for internships, allowing for some “unpaid internships,” but the work relationship must meet very specific criteria or the employer may be found guilty of violating federal and state labor laws. If you have questions concerning an internship or any other concern regarding your pay, consulting with an experienced Atlanta wage and hour attorney is important to ensure you receive the pay you deserve.

As stated in the lawsuit “unpaid interns are becoming the modern-day equivalent of entry-level employees, except that employers are not paying them for the many hours they work. Employers' failure to compensate interns for their work, and the prevalence of the practice nationwide, curtails opportunities for employment, fosters class divisions between those who can afford to work for no wage and those who cannot, and indirectly contributes to rising unemployment."

New Child Labor Laws Proposed

Thu, 26 Jan 2012 10:49:08 -0500

The Fair Labor Standards Act (FLSA) is one of the oldest federal employment laws. The FLSA sets forth certain requirements that impact nearly every employee who works for a wage in the United States. These requirements include the minimum wage provision and overtime pay. Pursuant to federal law, employees must be paid at least the federal minimum wage, which is $7.25/hour and all non-exempt employees must be paid time and a half for every hour worked in excess of 40 in any work week.

In addition to provisions concerning overtime pay and minimum wage, the FLSA also covers child labor laws. Recently the Department of Labor has proposed new federal laws seeking to amend current child labor laws to make them stricter and afford child workers performing agricultural work more protections.

If you have questions concerning the FLSA, it is important to speak with a knowledgeable Georgia worker’s rights attorney to answer your questions and ensure you are being treated properly under the law.

Among the changes include:

• Prohibiting children under 18 from working at grain elevators, silos, feedlots and livestock auctions and from transporting raw farm materials.

• Prohibiting children under age 16 who are being paid from operating most power–driven equipment, including combines and tractors. Where student-learners are allowed to operate the equipment, ensuring that the machinery has seat belts and rollover protection.

• Prohibiting those children 15 and younger from much work involving tobacco, including cultivating, curing and harvesting to prevent tobacco sickness; and

• Banning cellphone use and other electronic devices while operating power-equipment.

However, children aged 12-15 would still be able to work for pay at non-hazardous farm jobs.