The FLSA does not specifically limit the ability of an employer to deduct the cost of a uniform from an employee, nor does it require the wearing of a uniform.

If the wearing of a uniform is required by some other law, the nature of a business, or by an employer, the cost and maintenance of the uniform is considered to be a business expense of the employer. If the employer requires the employee to bear the cost, it may not cut into the overtime compensation required by the Act, or affect your minimum wage.

The exemption, Section 7(i), applies to retail and service establishments, which are defined as "establishments, 75% of whose annual dollar volume of sales of goods or services (or of both) is not for resale, and is recognized as retail sales or services in the particular industry."

The case, Magnoni v. Smith & Laquercia, S.D.N.Y., No. 07-9875, (9/11/09), arose under a set of circumstances that may be apart from the norm, but it is certainly informative.

If you work for tips, one of the more disliked conventions in the hospitality business is the practice of tip pooling, where the wait staff makes the tips and then is mandated to share them with the host staff, bus staff, etc. This is different from the wait staff voluntarily giving a percentage of tips to their co-workers, and has tax and other implications. This practice has its own set of rules for both employers and employees, and is easily abused by employers looking to save a few bucks here and there.

Generally, the FLSA says about online training that it is not compensable if the following four criteria are met:

But there are some jobs that just don’t fit that description. There is an exception to that “constant wage” rule, but it is very narrow and very specific and needs to be in writing. It is called a “Belo Plan,” named after the Supreme Court case that allowed the exception, (Walling v. A.H. Belo Co., 316 U.S. 624 (1942)), and provides for a constant wage, even though overtime is actually worked.

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:

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.

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.

Most seasonal agricultural workers are covered under two separate federal labor laws—the Fair Labor Standards Act, and the Migrant and Seasonal Agricultural Worker Protection Act. This post will cover the former; and this post covers the latter.

The two laws always need to be read together, as well as in conjunction with state laws, by a qualified employment lawyer, to determine the rights of any agricultural workers in this very complex area.

It seems like there are call centers, and CSR’s, everywhere in and around Atlanta, and there may be more coming, especially now that Delta has closed its India call centers.

The Fair Labor Standards Act actually has a separate set of rules for call center workers, who are defined as employees who handle telephone calls for their company or on behalf of a client from a central operating facility.

There are dozens of jobs within a car dealership—from sales associate to mechanic to receptionist, and the size and types of dealerships varies widely.

Which of these jobs, and what kind of dealerships, if any, are covered by the FLSA?

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….

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.

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...