Overtime Lawyer Blog

Summer isn’t yet in full swing, but it is already hot here in Atlanta. One of the great summer jobs is lifeguarding, but it is employment that brings with it potential hazards, especially for people under the age of 18.

Lifeguards who are minors have their own classification under the Youth Employment provisions of the Fair Labor Standards Act.

The Department of Labor defines the duties of a lifeguard as rescuing swimmers in danger of drowning, monitoring activities at a swimming pool to prevent accidents, teaching water safety, and providing assistance to patrons. Lifeguards may also help to maintain order and cleanliness in the pool and pool areas, give swimming instructions, conduct or officiate at swimming meets, and administer first aid. Other ancillary duties may include checking towels in and out, and perhaps working with food.

Here are some highlights of restrictions on minors working in pool areas or water parks:

Continue reading " Minor Lifeguards and the FLSA " »

Two major amendments to the Fair Labor Standards Act, one each by a Republican and a Democrat, could profoundly change several FLSA standards for overtime and minimum wages if and when they are passed into law.

The first, introduced in February by Congresswoman Cathy McMorris Rodgers (R. WA), would allow comp time in the private sector. The second, introduced last week by Rep. Donna Edwards (D-MD), raises the minimum wage for restaurant workers. Both bills are fairly controversial, but for different reasons.

Continue reading " Pending FLSA Legislation " »

No matter what, people have to eat. And restaurant employees will always be there to serve them.

There are over 7 million people employed in restaurants in the United States, a large percentage of whom work in fast food establishments. These jobs are often very transient, and the fact is that many fast food workers don’t realize that they have a number of rights under federal employment law.

Most large fast food restaurants are covered under the Fair Labor Standards Act. Any restaurant or fast food business with annual gross sales from one or more establishments that total at least $500,000 are subject to the FLSA.

Continue reading " Fast Food and Restaurant Workers and the FLSA " »