Linda Heyen successfully convinced a trial court that her employer, Safeway, had misclassified her during at least part of her working hours as "exempt" meaning she should not be paid overtime wages. Heyen was employed as an Assistant Manager, an exempt position, but spent many of her working hours completing tasks that should have been classified as non-exempt, such as bagging or cashiering.
Maybe, although that's not the stated intent behind a bill that would allow employers to 'pay' workers with comp time - or additional paid time off - for hours that are now required to be paid at an overtime rate of time-and-a-half. The bill recently passed the House by a fairly narrow margin of only 19 votes.
The U.S. Supreme Court is tackling whether workers who must wear specific safety or protective gear in the course of their employment must be paid for the time spent gearing up before shift and gearing down after. In essences, the Supreme Court will be determining what "changing clothes" means for the purposes of hourly pay for unionized workers.
A Silicon Valley company employed U.S. and Mexican workers to work alongside each other to refurbish several power generators. Those who were U.S. citizens were paid in dollars and those who were Mexican citizens were paid in pesos. After converting the amount received in pesos to American dollars, the Mexican workers were determined to have received $2.66/hour for their work.
Throughout Los Angeles County and San Francisco, restaurant owners have been consistently underpaying cooks, bus boys, servers and other restaurant staff, according the U.S. Department of Labor's Wage and Hour Division. The issues with employee compensation were violations of the Fair Labor Standards Act (FLSA).
Summer is here, school is out for those that still have summer break and many teens are looking for jobs to fill their free time, make some extra money and get out of the house. Parents should be aware, however, that there are drawbacks to summer employment for teens. The Occupational Safety and Health Administration (OSHA) reports that 70,000 teens are injured on the job each year, 70 are fatally injured.
Pharmaceutical sales reps are not entitled to overtime pay under the Fair Labor Standards Act, according to the Supreme Court of the United States. The Court held, in Christopher v. SmithKline Beecham Corp., that pharmaceutical sales reps are properly considered "outside sales" and are exempt from overtime pay requirements.
California law does not require that personal attendants be paid overtime wages if they are employed as an in-home caretaker to feed, dress and otherwise supervise an elderly person. Nurses, however, who are employed to perform nursing duties in an elderly person's home are entitled to overtime pay.
Outside sales representatives are generally classified as 'exempt' under the Fair Labor Standards Act (FLSA) and they do not have to be paid overtime for hours spent working beyond 40 hours per week. The United States Supreme Court is currently considering whether drug sales representatives should actually be considered 'non-exempt' under the FLSA and must be paid an overtime premium.