FLSA Archives - Bober & Bober

Overtime Wage Protection Expanded

Samara Bober — Wed, 18 May 2016 20:30:10 +0000

The United States Department of Labor (DOL) has finalized a new overtime wage rule that requires employers to pay overtime wages to employees making less than $913 per week or $47,476 per year. Employers would have to pay such employees time-and-a-half their regular hourly rate for any hours worked over forty (40) in a week. In determining if an employee’s salary meets the $47,476 threshold amount, employers can inlcude bonuses and incentive payments such as commissions, up to 10% of the new standard salary amount. The minimum salary threshold will be updated every three years. The new rule will take effect December 1, 2016.

Under the prior 2004 rule, workers making less than $23,660 annually or $455 per week were entitled to overtime pay. Under that lower salary amount of $455 per week, a fast food restaruant manager who earned a salary of $455 per week and worked 60 hours per week was making less than the Florida minimum wage per hour worked.

Estimates differ on the number of salaried employees affected by the new rule. The DOL estimates that an additional 4.2 million salaried employees will be eligible for overtime pay under the new rule. The Economic Policy Institute (EPI) estimates that 12.5 million salaried workers currently make at least $455 but less than $913 per week. http://www.epi.org/publication/who-benefits-from-new-overtime-threshold/ The new overtime pay rule is expected to affect the retail industry and restaurant industry the most. Managers who work overtime would now be eligible to receive overtime wages pursuant to the Fair Labor Standards Act (FLSA) if they earn less than the $47,476 threshold salary amount.

If your employer or former employer fails to pay you overtime wages, call a wage attorney at Bober & Bober, P.A. at 800-995-9243 for a free consultation.

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Expanded Overtime Wage Protection

Samara Bober — Thu, 09 Jul 2015 17:59:36 +0000

Under a new United States Department of Labor (DOL) proposal to expand overtime wage protection, anyone making an annual salary of less than $50,440 automatically would be guaranteed overtime pay for hours worked over forty in a workweek. The overtime law requires covered employees to be paid time and one-half their regular rate for hours worked over forty in a workweek. This expanded overtime wage protection is a significant increase from the prior yearly salary threshold of $23,660, (which is equivalent to $455 per week). The $23,660 pay threshold for exclusion from overtime pay protection is less than the federal poverty line for a family of four. Under the proposal, workers making more than $50,440 annually, (which is the equivalent of $970 per week) would also still have to meet certain job duty requirements to be exempt from overtime pay. You can view a U.S. Department of Labor video explaining the change. This expanded overtime wage protection takes a significant step in curbing the abuse of salaried workers and limiting the exemption from overtime pay. The U.S. Department of Labor estimates an additional five million (5,000,000) workers will be entitled to overtime under the new rule, including convenience store managers, fast food managers, and some office workers. If your employer or former employer failed to pay you overtime wages, call a wage attorney at Bober & Bober, P.A. at 800-995-9243 for a free consultation.

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Exotic Dancers Win Minimum Wage Lawsuit

Samara Bober — Thu, 23 Jan 2014 14:22:11 +0000

A court has determined that exotic dancers who performed at Rick’s Cabaret, an adult nightclub in New York, were employees covered by federal and state wage laws. A class action consisting of strippers sued the night club where they worked for unpaid minimum wages under the Fair Labor Standards Act (FLSA) and New York wage laws. The gentlemen’s club did not pay the dancers any wages, took a portion of the dancers’ performance fees, and imposed fines if the dancers violated certain rules. The adult nightclub claimed unsuccessfully that the dancers were not covered by the minimum wage laws because they were independent contractors. The court determined the exotic dancers were employees, not independent contractors, because the club exercised so much control over the adult dancers that it could be described as “micromanagement.” For example, the club required the exotic dancers to work eight hour shifts, wear stiletto heels that were a least 4 inches high, prohibited body glitter, and required any tattoos to be covered by make-up. The court in the Rick’s Cabaret case also rejected the employer’s argument that the performance fees paid to the dancers by customers could be used to meet the employer’s wage requirements because the employer did not make the performance fees part of its gross receipts, and distribute from its gross receipts some of those performance fees back to the exotic dancers. Thus, the court held that the performance fees were tips in which the gentlemen’s club was not allowed share, and were not service fees. The court’s conclusion in the Rick’s Cabaret case that the exotic dancers were covered by the wage laws was in line with many other courts. It also followed an $8,000,000 class action settlement between New York City’s Penthouse Executive Club and its adult dancers.

If you believe your employer has been illegally treating you as an independent contractor, has been stealing some of your tips, or violating the overtime and unpaid wage laws in Florida, call our unpaid wage attorney at Bober & Bober, P.A. at 800-995-9243 for a fee consultation.

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Unpaid Internships May Violate Wage Laws

Samara Bober — Mon, 17 Jun 2013 14:25:15 +0000

Employers are not allowed to refuse to pay minimum wages and overtime merely because they label workers as “interns.” While an unpaid internship can provide a valuable experience for some people, it also may result in a wage violation for an employer. An example of internship wage violations is a lawsuit brought by unpaid interns alleging overtime and minimum wage violations committed by Fox Searchlight regarding the interns’ work on the film Black Swan. In determining whether an internship may be unpaid, the court looked at six factors: “1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment; 2. The internship experience is for the benefit of the intern; 3. The intern does not displace regular employees, but works under close supervision of existing staff; 4. The employer that provides the training derives no immediate advantage from the activities of the intern, and on occasion its operations may actually be impeded; 5. The intern is not necessarily entitled to a job at the conclusion of the internship; and 6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.” Glatt v. Fox Searchlight Pictures. The court determined that two production interns who had brought the lawsuit were improperly classified as unpaid interns when they actually were employees covered by the Fair Labor Standards Act (FLSA), and entitled to wages. The interns were providing “an immediate advantage to their employer and performing low-level tasks not requiring specialized training.” The judge also allowed the case to move forward as a class action on behalf of a group of Fox Searchlight interns. This ruling interprets the trainee exception narrowly, and sets the bar very high for not paying interns.

Many people just starting their careers feel pressure to work in unpaid positions to enhance their resumes, but often such unpaid internships do not increase the odds of obtaining a paid position. Moreover, many interns realize their work should be paid, but they are afraid to complain because they fear losing their position. If you worked the time, however, you may be entitled under the law to be paid for it. For example, under the current federal minimum wage of $7.25, if you worked in an unpaid internship for forty-five hours per week for ten weeks, you may be entitled to $3,116 in unpaid minimum wages and $584.50 in unpaid overtime wages. If you have been working in an unpaid internship, call Bober & Bober, P.A. at 800-995-WAGE (9243) for a free consultation about whether you were working as an employee and are entitled to overtime and minimum wages.

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