Overtime Lawyer Blog

At least 50 cities have declared November 18th a “Day Against Wage Theft” as part of a national effort to draw attention to the impact of wage theft on communities throughout the country.

As stated in a recent report by the Research Institute for Social and Economic Policy at Florida International University:

“Wage theft is when workers are paid below the minimum wage, not paid for overtime, forced to work off the clock, have their time cards altered, are misclassified as independent contractors, or are simply not paid a wage for work performed.”

The Fair Labor Standards Act (FLSA), is intended to protect against “wage theft” and is applicable to virtually all employers. The FLSA requires that workers be paid minimum wage and unless exempt, compensated for overtime at a rate of one and one-half times their regular rate of pay. Despite such provisions, many employers violate the FLSA and seek ways to avoid paying employees all the compensation they are entitled to.

Although commonly wage theft affects low-wage and immigrant workers, it can apply to nearly all professions including law, accounting, health care, food services, and social assistance industries.

Continue reading " Nov. 18th A “Day Against Wage Theft” In 50 Cities Across The Country " »

A recent case out of Ohio underscores the struggles of many immigrants striving to make a decent wage. In Cincinnati, a lawsuit continues against two veterinarians accused of wage theft involving three undocumented workers. At issue, the right to overtime compensation for workers who claim they were initially paid for several dozens of hours of overtime, only to be required to pay back the “difference” in order to avoid being deported. This case has garnered national attention and focused on the egregious conduct of some employers who take advantage of immigrants who are unaware of their rights pursuant to federal labor law.

Under federal law workers – regardless of immigrations status – are protected as fully as citizens by U.S. labor laws. Thus – the Fair Labor Standards Act (FLSA), which sets forth certain minimum wage and overtime standards applicable to nearly all U.S. employers - covers immigrant workers. It is the responsibility of employers to ensure their employees meet employment eligibility requirements. Once hired, employers are required by law to follow the provisions set forth by the FLSA. As such, any non-exempt workers who work overtime are entitled to be paid at a rate of one and one half times their regular rate of pay for all hours worked in excess of 40 hours for any workweek.

Further, retaliation for complaining about violations in any manner, such as threatening deportation, is strictly prohibited.

Recent cases, including a class-action against Wal-Mart, have highlighted many instances of employers taking advantage of employees with little knowledge of employment laws and uncertainty of U.S. laws regarding their immigration status.

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A Los Angeles County jury awarded a former Los Angeles police officer – Richard Romney - nearly $4 million after he was unlawfully terminated by the LAPD in retaliation for testifying against the Department in a labor dispute.

At issue – whether the LAPD violated the Fair Labor Standards Act (“FLSA”) by failing to compensate police officers for overtime work. Here, the police officers routinely did not take their allotted 45 minute lunch breaks, however the department had an “unwritten policy” that barred officers from requesting pay for less than an hour of work.

The FLSA guarantees that all employees who are not exempt be paid at a rate of one and one half times their regular rate of pay for all hours worked in excess of 40 hours in any workweek. Retaliation for complaining of FLSA violations or participating in someone else’s discrimination case is strictly prohibited.

Here, Romney testified in another officer’s trial accusing the LAPD of FLSA violations, stating that if officers requested overtime compensation for increments less than an hour, they were ostracized and made to feel they were not “team players.” Within days of providing this testimony, Romney was recommended for a suspension, and then fired.

Finding the termination constituted retaliation, the jury found in favor of Romney.

Continue reading " $4 Million For FLSA Retaliation Claim " »

Last week, a California judge certified a class of nearly 3,000 Oracle employees who allege they were misclassified as exempt under California’s Labor Code – similar to the federal Fair Labor Standards Act (“FLSA”) - by denying overtime pay and failing to provide off-duty meal periods. All employees who are not exempt must be paid at a rate of one and one half times their regular rate of pay for all hours worked in excess of 40 hours in any workweek.

Whether an employee is “exempt” is one of the most important issues in overtime law. Exemptions fall into three principal white-collar exemptions – executive, professional and administrative. Executive exemptions typically involve high-level managers or other individuals who manage and control an important aspect of the company’s business. Professional exemptions apply where your duties involve work that is intellectual in nature and requires “advanced knowledge” in an area of science or learning. Administrative exemptions cover those employees whose duties include the performance of office or non-manual work related to the general business operations of a company, and who’s primary duty involves the exercise of discretion and independent judgment related to company business.

At issue in the Oracle case is whether thousands of employees including technical analysts, project managers and quality assurance analysts, should be considered exempt.

Although California uses a slightly different test to determine exemptions than the FLSA, under both California law and the FLSA job title is irrelevant to the exemption determination - what matters is the specific job functions of the employees in question.

Continue reading " Class Certification Of Oracle Employees in Wage-and-Hour Suit " »