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" »

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Posted In: Minimum Wage , Minors

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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" »

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Posted In: Fast Food , Minimum Wage , Restaurants , Tip Credit

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Because we just recently launched the Overtime Lawyer Blog, we didn’t get a chance to update you on an important FLSA development that happened last summer. On July 24, 2008, the minimum wage increased from $5.85 to $6.55 per hour.

If you are in a minimum wage job, make sure to review your paychecks closely to ensure that you are being paid at the new higher rate. And if you are receiving overtime, also make sure to check that your overtime pay is being calculated on the new higher rate. If you have been working since July and your checks were not based on the new higher rate, you are entitled to be made whole for all work weeks in which you didn’t receive the higher minimum wage or the correct amount of overtime pay.

And if you are an employed in the State of Georgia, even though the Georgia minimum wage is lower than the federal minimum wage (it is currently $5.15 per hour), you’re still entitled to the higher federal minimum wage—don’t let an unscrupulous or ill-advised Georgia employer convince you that it only needs to pay you at the lower Georgia rate.

Continue reading "Minimum Wage Update" »

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Posted In: Minimum Wage

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