Overtime
The federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (the “FLSA”), and its corresponding regulations, 29 C.F.R. § 510 et seq., require that most employees in the U.S. be paid not less than the federal minimum wage of $7.25 per hour for all hours worked and overtime pay at 1½ times their regular rate of pay for all hours worked in excess of…Read More
The federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (the "FLSA"), and its corresponding regulations, 29 C.F.R. § 510 et seq., require nearly all employers to pay most employees not less than the federal minimum wage of $7.25 per hour for all hours worked and overtime pay at 1½ times the regular rate of pay for all…Read More
The federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (the “FLSA”), and its implementing regulations, 29 C.F.R. § 510 et seq., mandate that most employees in the United States be paid at least the federal minimum wage of $7.25 per hour for all hours worked and overtime pay at 1½ times their regular rate of pay for all hours worked…Read More
The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (“FLSA”), sets forth employment rules relating to minimum wages, maximum hours, and overtime compensation. Section 15(a)(3) of the FLSA is an anti-retaliation provision that prohibits employers from, among other actions, “discharg[ing] or in any other manner discriminat[ing] against any employee because such employee has filed any complaint.” 29 U.S.C. § 215(a)(3). In March…Read More
In New Jersey, on-call time is considered hours worked when calls are so frequent or the on-call conditions so restrictive that the employees are not really free to use the intervening periods effectively for their own benefit. On-call time is not considered hours worked when employees are not required to remain on the employer's premises and are free to engage in their own…Read More
On December 14, 2010, New York State Governor David Paterson signed into law the Wage Theft Protection Act, A. 11726/S. 8380 (the “Act”). The Act substantially increases civil and criminal penalties against employers which break Manhattan’s overtime pay laws, minimum wage laws, or other wage payment laws. This author’s March 2010 post on the (then-pending) Wage Theft Prevention Act is…Read More