Posted On: April 24, 2009

Daycare Workers Under the FLSA

As if preschool and daycare workers in the Atlanta area don’t have enough problems on the job, from picking up every communicable bug out there to bites, tantrums, and parents who can be late and unappreciative, they can be among the types of employees who are routinely and illegally denied overtime pay.

A typical work day for a daycare worker can include all kinds of activities that should be a red flag for overtime pay possibilities, including the need to arrive early, stay late, and work through breaks and lunch. Many of these employees are vulnerable enough to employer shenanigans in denying overtime that some patterns have emerged, including….

Continue reading " Daycare Workers Under the FLSA " »

Posted On: April 17, 2009

Classifying Home Health Care Workers

Atlanta is replete with people who work in the field of home health care. Home health care workers have a special set of regulations under the Fair Labor Standards Act.

For instance, a home health care worker may or may not be entitled to overtime pay, depending on the circumstances of employment.

First, the definition. A home health care worker is someone who provides home health care services for individuals who (because of age or infirmity) are unable to care for themselves. They may be employed by the household itself, or an agency, or may just freelance.

Continue reading " Classifying Home Health Care Workers " »

Posted On: April 8, 2009

When Do Salaried Employees Qualify for Overtime Pay?

Most salaried employees don’t get overtime pay. But is the reverse true—does an employer have to pay full salary if the employee isn’t at work? Some deductions from pay will be proper, but some may cause an employee to lose that exempt status and qualify for overtime.

Allowable deductions to your salary, according to a July 2008 Department Of Labor fact sheet, include where an exempt employee: is absent from work for one or more full days for personal reasons other than sickness or disability; for absences of one or more full days due to sickness or disability if the deduction is made in accordance with a plan of providing compensation for salary lost due to illness; to offset amounts employees receive as jury or witness fees, or for military pay; for penalties imposed in good faith for infractions of safety rules of major significance; or for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions. Also...

Continue reading " When Do Salaried Employees Qualify for Overtime Pay? " »