EMPLOYMENT LAW ARTICLES

Who Can Be Responsible For an Employee’s Unpaid Overtime Pay And Minimum Wage Pursuant To The FLSA?

“Employers” are liable for unpaid overtime and minimum wage pursuant to the Fair Labor Standards Act. You may be saying to yourself- “that is obvious.” But who is an “employer?” Under the FLSA, the definition of an employer is the broadest definition ever included in a single federal act.

Are Employees That Are Paid By Straight Commission Entitled To Overtime Pay And Minimum Wage?

Because someone is paid on a commission basis, in and of itself, does not mean they are not entitled to overtime pay or minimum wage. Rather, commission employees are often required to be paid overtime pay and minimum wage. The manner in which an employee is paid does not by itself exclude an employee from receiving overtime pay or minimum wage…”

Are Independent Contractors Entitled to Overtime Pay and Minimum Wage?

True independent contractors are not entitled to overtime pay and minimum wages. This is because only employees are entitled to overtime pay and minimum wage. But, many independent contractors are misclassified and are really employees. The misclassification of employees as independent contractors has been found in increasing numbers over the last few years.”

What Should Be Included in an Employee’s Regular Rate of Pay When Calculating Overtime Wages Owed?

The regular rate of pay is the starting point in calculating an employee’s proper overtime rate of pay. No matter how an employee is paid- whether by the hour, by piece, on commission, or on a salary- the employee’s compensation must be converted to an equivalent hourly rate from which the overtime rate of pay can be calculated. This is because overtime pay is calculated by the hour at time-and-a-half the hourly rate.”

Are Employees Entitled to Overtime Pay And Minimum Wage When Their Pay Records And Time Records Do Not Accurately Reflect The Hours Actually Worked?

The short answer to this question is- Yes. The fact that an employer’s pay records and time records do not reflect the actual time worked by an employee does not bar the employee’s claim for unpaid overtime pay or minimum wage for those hours worked but not documented…”

When Are Salaried Employees Entitled To Overtime Pay And Minimum Wage?

The fact that someone is paid a salary, in and of itself, does not mean they are not entitled to overtime. Quite the contrary, salaried employees are often required to be paid overtime pay and minimum wage. How an employee is paid by itself does not exclude an employee from receiving overtime pay or minimum wage. Being paid by a salary affects the method of how the overtime pay is calculated.”