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E.D. New York Affirms that Legal Resident Status is Irrelevant to the FLSA

Charles R. Bridgers : April 9, 2012 10:58 am In agreement with strong 11th Circuit (the U.S. Court of Appeals that covers Georgia) precedent,   the Court in Enriquez v. Cherry Hill Market Corp. approved a collective action notice that specifically informed potential opt-ins that  they may be “owed payment” even if they were “paid in […]

DOL Enforcement Actions in Atlanta Show Same Trends as in Georgia

Charles R. Bridgers : April 16, 2012 9:27 am From a DOL press release: “An ongoing enforcement initiative conducted by the U.S. Department of Labor focused on the restaurant industry in Massachusetts has uncovered significant violations of the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act. To date, investigations by the […]

Auto-Deducting Breaks

Charles R. Bridgers : August 24, 2012 8:18 am The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping and youth employment standards for workers in the private sector and government.  Covered non-exempt workers are entitled to overtime pay of at least 1.5 times regular pay if they work more than 40 hours […]

Common Misperception: FLSA coverage requires 15 employees

Charles R. Bridgers : September 1, 2012 8:19 am Some employers mistakenly believe that they must employ fifteen people before the overtime rules apply to them.  Coverage under other federal civil rights statutes, such as Title VII of the Civil Rights Acts of 1964 and 1991, requires fifteen employees.  Coverage under the FLSA, however, is […]

Tips Only Pay is Illegal

Charles R. Bridgers : September 10, 2012 8:22 am Some employers hire employees (usually waiters, waitresses and/or exotic dancers) on a tips-only basis.  When challenged, they often attempt to label these workers as “independent contractors”.  Courts tend to find, however, that the employer was merely trying to fly below the FLSA radar.  Employers who take […]

Portal to Portal

Charles R. Bridgers : September 17, 2012 8:22 am Some employers attempt to stop and start an employees’ work time throughout the day to correspond to the times when they are actually engaged in revenue producing activities.  Using an intermittent workday to determine compensable time can be a very expensive mistake.  As a general rule, […]

Retaliation Against Complaints of Improper Pay is Forbidden

Charles R. Bridgers : September 24, 2012 8:23 am Some employees are reluctant to pursue their rights under the FLSA because they fear that the employer will retaliate by firing them or retaliating against them in some other material way.  The FLSA, however, contains a strong anti-retaliation provision.  Requesting overtime, pursuing a grievance over overtime […]

Eleventh Circuit Issues Sweeping Opinion Clarifying FLSA Regarding: Undocumented Immigrants

Kevin D. Fitzpatrick, Jr. : March 18, 2013 10:30 am On March 6, 2013, the U.S. Court of Appeals for the Eleventh Circuit issued an opinion in the case of Lamonica, et al v. Safe Hurricane Shutters, Inc., et al, Case 11-15743.  This was an action brought by nine plaintiffs who installed hurricane shutters for […]

Eleventh Circuit Issues Sweeping Opinion Clarifying FLSA Regarding: Individual Liability of Supervisors and Managers

Kevin D. Fitzpatrick, Jr. : March 25, 2013 10:30 am On March 6, 2013, the U.S. Court of Appeals for the Eleventh Circuit issued an opinion in the case of Lamonica, et al v. Safe Hurricane Shutters, Inc., et al, Case 11-15743.  This was an action brought by nine plaintiffs who installed hurricane shutters for […]

Eleventh Circuit Issues Sweeping Opinion Clarifying FLSA Regarding: Salaried Workers and the Fluctuating Workweek

Kevin D. Fitzpatrick, Jr. : April 1, 2013 10:31 am On March 6, 2013, the U.S. Court of Appeals for the Eleventh Circuit issued an opinion in the case of Lamonica, et al v. Safe Hurricane Shutters, Inc., et al, Case 11-15743.  This was an action brought by nine plaintiffs who installed hurricane shutters for […]

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