Working for Justice

Wages and Overtime Law

Wage and Hour Violations in the Time of Coronavirus

The coronavirus pandemic is changing the face of work. Many employees are working from home, while others are putting in double-time in essential roles. As the economy reopens, employers have implemented and will continue to implement measures designed to limit the spread of Covid-19. At their best, these myriad changes may make employees safer and […]

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Are Salaried “White Collar” Workers Who Make Below $684 Per Week Entitled to Overtime?

Posted April 30th, 2020 by in Wages and Overtime Law.

The federal overtime law, called the Fair Labor Standards Act, exempts employers from paying overtime wages to workers who are classified as “executive,” “administrative” or “professional” employees.  These exemptions are colloquially called “white collar” exemptions. State overtime laws often have similar “white collar” exemptions. Applying these exemptions is far more nuanced than their moniker suggests. […]

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Wait, Don’t They Have to Pay Me for That?!: The Compensability of Pre- and Post-Shift Screenings

Posted February 19th, 2020 by in Wages and Overtime Law.

Imagine the following:  You show up to work at your employer’s.  They require you to enter on the other side of the building, far away from your workstation.  At this distant entrance, you stand in a long line as your employer’s security guards do bag checks.  After 30 minutes of waiting and being searched, you […]

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Broad Scope of Standing Available for California Employees in PAGA Suits

Posted January 12th, 2019 by in Wages and Overtime Law.

California’s Private Attorney General Act of 2004 (“PAGA”) has provided employees injured by their employer’s Labor Code violations with an opportunity to seek statutory penalties on behalf of him or herself and on behalf of other aggrieved employees.  This law famously allows an individual employee to stand in the shoes of the government agency that […]

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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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District of Columbia Voters Approved Eliminating the Tipped Minimum Wage in an Effort to Combat Wage Theft, but the Popular Measure May be Annulled

Posted July 16th, 2018 by in Wages and Overtime Law.

Hourly workers’ paychecks can be unpredictable, varying drastically depending on their hours. Unscrupulous employers exploit this variance to short hourly employees of their full wages for their labor, often undetected. Tipped workers in most states are uniquely vulnerable to wage theft.  Most tipped workers earn a reduced hourly rate – in Washington, D.C., the tipped […]

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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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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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