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Absolutely not. Employers often try to avoid paying overtime by slapping the word “salary” on an employee’s paycheck, but this tactic does not magically erase wage and hour rights under the Fair Labor Standards Act (FLSA). In the recent case Keefe v. Britt’s Bow Wow...
You know what happens when Cinderella stays too long at the ball? Midnight strikes, the magic ends, and she’s stuck walking home barefoot. Basketball still on your fingertips when the buzzer sounds? Doesn’t matter if it swishes—the shot doesn’t count. Show up one...
Under the Fair Labor Standards Act (“FLSA”), most employees are entitled to minimum wage and overtime pay if they work more than 40 hours in a week. However, some employees are classified as “exempt” from these protections. For example, an employer might claim you are...
The Fair Labor Standards Act (“FLSA”) guarantees that most employees in the United States are entitled to minimum wage as well as overtime pay when they work more than 40 hours per week. Under the law, non-exempt employees must be paid at least time and a half for...
When brave employees stand up against employment, harassment, or retaliation, they often expect the employer to deny the claims. But increasingly, we’re seeing a disturbing trend: employers filing defamation counterclaims designed not to win, but to punish the...
This is not the first time that Spitz has paid a visit to the porcelain throne to consider the law’s response to nature’s call. However there’s never an inappropriate time to use the head (on our shoulders!) and reconsider this issue. Does my employer have to make a...
Not everything in life or business can wait. If you work as a healthcare professional, maintenance technician, emergency response personnel, or IT technician you’ve likely had your personal time interrupted by work outside your usual hours. After all, heart attacks,...
To sign or not to sign—that is the question that confronts every employee facing the final act of their employment. Whether 'tis nobler in the mind to accept the severance offered and, with it, the loss of potential claims, or to take arms against the uncertainties of...
As wage and hour attorney, I've seen countless ways employers attempt to cheat hardworking employees out of their rightful wages. One particularly insidious method is exploiting exemptions under the Fair Labor Standards Act (“FLSA”) to avoid paying overtime. The case...
In a win for employees everywhere, in Caudle v. Hard Drive Express, Inc., the United States Court of Appeals for the Sixth Circuit recently found that an employee’s complaints about unpaid reimbursements could constitute “protected activity” under the Fair Labor...