Working for Justice

Tag: Fair Labor Standards Act

Unpaid Wages: Not a Trifling Matter

Posted December 11th, 2018 by in Wages and Overtime Law.

“The law does not concern itself with trifles.” It’s one of those statements that sounds both reasonable and definitive. Indeed, it’s an English translation of a Latin maxim that traces back hundreds of years – “de minimis non curat lex.” I was recently reflecting on this concept – sometimes called the “de minimis” doctrine – […]

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Attention Minimum Wage Workers: Look to Your State Laws

Posted July 20th, 2018 by in Wages and Overtime Law.

By law, employees in the United States must be paid a base minimum for their work performed.  However, this protection varies widely depending on the state in which the employees are working. The federal Fair Labor Standards Act (FLSA) provides the baseline protection for employees.  Regardless of state, employers generally must pay their employees at […]

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Uncle Sam Needs You to Be a Whistleblower: A Simple Primer on the Federal and State False Claims Acts

Posted July 2nd, 2018 by in Whistleblower Law.

What is a Whistleblower? A Whistleblower is a person who informs the federal and/or state government about illegal and fraudulent behavior that causes the government to pay money to an individual or business that is not entitled to receive those government funds. For assisting the government in uncovering fraud, the Whistleblower receives between 15% to […]

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Wages and Overtime Law: A Return to the Past Courtesy of the U.S. Supreme Court

Posted June 4th, 2018 by in Wages and Overtime Law.

During the United States Supreme Court October Term 2017, the Court delivered a 1-2 punch against workers and their right to earn overtime pay with its decisions in Encino Motorcars, LLC v. Navarro et al. and Epic Systems Corp v. Lewis (decided together with Ernst & Young, LLP et al, v. Morris et al., and […]

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Tipped Off: Recent Developments in Federal Wage Law Affecting Tipped Employees

Posted April 9th, 2018 by in Wages and Overtime Law.

The federal Fair Labor Standards Act (FLSA) generally requires that employers pay employees at least $7.25 per hour. One of the few exceptions to the rule is “tipped employees” – including waiters, bartenders, and other employees who regularly receive gratuities for performing their jobs. The FLSA allows employers to subsidize the minimum wage paid to […]

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Are You A Construction Worker On A Federal Project Who Was Not Paid Davis Bacon Wages? That May Be a Violation of the Federal False Claims Act

Posted December 4th, 2017 by in Whistleblower Law.

The Davis-Bacon Act, 40 U.S.C. §§ 3141-3148, requires that contractors and subcontractors on federal construction projects pay their employees the prevailing wage rate for their job classification as determined by the U.S. Secretary of Labor. The Davis-Bacon Act is a protective labor law that requires certain federal government contracts “for construction, alteration, and/or repair of […]

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Weren’t More White Collar Workers Supposed to Be Eligible for Overtime Pay?

Posted September 26th, 2017 by in Wages and Overtime Law.

You may remember that about a year a half ago, the Department of Labor, under President Obama, issued a rule that was going change what’s called the “salary level” for “white collar” workers. The salary level is part of the federal overtime rules. Those rules basically say: if you’re a white collar worker and you […]

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Pumping on the Job -The Rights of Breastfeeding Employees

Posted April 12th, 2017 by in Gender Discrimination and Harassment.

Breastfeeding employees frequently encounter barriers in the workplace that impede their ability to pump on the job. Horror stories abound of women who are denied a clean, private space to pump or who are shamed and penalized for pumping at work. Thanks to the advent of federal and state legislation and an emerging body of […]

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White-Collar Exemptions for Blue-Collar Workers

Posted July 21st, 2014 by in Wages and Overtime Law.

Did you know that a worker can make wages below the federal poverty line (currently $23,850 for a family of four), work long hours performing mostly manual labor, and still not necessarily qualify for overtime pay?  Strange but true. The federal wage and hour law (the Fair Labor Standards Act, or “FLSA”) celebrated its 75th anniversary […]

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