Non-discretionary bonuses overtime
Failure to account for non-discretionary bonus in the calculation of weekly wages results in overtime violation.
Category: FLSA
Virgin Island minimum wage is $10.50 an hour
On June 1, 2018, the minimum wage in the U.S. Virgin Islands increased to $10.50 per hour for all employees with the exception of tourist service and restaurant employees. …
Truck drivers of small trucks now get overtime -FLSA 13(b)(1) Motor Carrier Exemption does not apply
According to the November 2009 DOL Fact Sheet #19 The Motor Carrier Exemption, employers that transport goods in small vehicles should pay their drivers overtime. If a business transports …
Changes to Overtime Rules for White Collar Workers
Are you a white collar worker? Do you work in an office job? You may be due for a pay raise or your employer may have to start paying …
When does Fluctuating Workweek Does Not Apply?
The Fifth Circuit Court of Appeals made and important ruling on October 18, 2018 in Dacar v. Saybolt L.P. For many years, employers who are sued for unpaid overtime at 1.5 …
Bounced Payroll Checks are a liability
Employers that frequently delay issuing or bouncing payroll checks are at risk of getting sued. Here are common questions employees aske each other: Is your paycheck late too? …
Liquidated damages in overtime cases
Liquidated damages are mandatory in overtime and minimum wage cases. The FLSA provides that an employer who violates the requirement to pay overtime compensation “shall be liable to the …
Fifth Circuit Reverses the Burden of Proof for Motor Carrier Act
On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion that reverses a jury verdict for the plaintiff. Two cementer sued Crest Pumping for failing to …
Trial of FLSA Cases
I had the chance to catch up with Myrtle Beach employment lawyer Bill Luse at the annual 2018 National Employment Lawyers Association (NELA) in Chicago. Over 500 employment lawyers …
Employees in overtime lawsuits get recover attorneys’ fees when they win or obtain a favorable settlement
In order to recover attorney’s fees, an employee in a minimum wage and/or overtime lawsuit need only to obtain a favorable verdict or favorable settlement. Employee in wage and …