August 22, 2012 (Press-News.org) Claims against employers for failure to meet minimum wage and overtime pay laws are on the rise. According to the American Bar Association, the filing rate of federal fair wage cases increased more than 13 percent in the first nine months of 2010 alone compared with the same period in the previous year.
And the rate has continued to increase. The Bureau of National Affairs reports that for the year-long period ending March 31, 2012, these suits reached a record annual total of 7,064 federal filings.
These lawsuits are based on the Fair Labor Standards Act, or FLSA, a federal law that protects employees and works to ensure that they receive fair compensation, including minimum wage and overtime when required by law.
A recent case involving retail giant Target illustrates the basics of how an FLSA suit can unfold.
The Target Suit and FLSA Basics
Some jobs are exempt from the FLSA requirement that overtime pay be provided for extra hours worked during a 40-hour workweek. The exempt categories are those with positions that are "executive, administrative, or professional" in nature, the so-called "white-collar exemptions."
Employees that do not fall within an exempt category are entitled to the protections offered by FLSA. This includes the right to file a claim for not receiving proper FLSA payment from an employer.
In 2002, a Target employee started an administrative position that was exempt from FLSA overtime protections. Almost two years later, the employee was promoted to a new position in which she worked long hours. She sued Target for failure to pay FLSA overtime wages and the legal issue in the case became whether or not the new job was still exempt under the administrative category.
The court used FLSA's three-part test to determine if the employee still fell within the administrative exemption from FLSA protection. If a job meets all three of these prongs, it is exempt from overtime requirements:
- Employee compensation: preset salary or fee
- Employee duties: office or other nonmanual work related to management or general business operations
- Employee responsibility: use of "discretion and independent judgment" on important issues
In this case, the federal court held that the employee's second job as a fraud and theft investigator met this test and fell into the administrative-employee exemption, making her ineligible for overtime.
Determining whether an FLSA claim can offer a worker the opportunity to recoup missed pay can be difficult. Therefore, it is wise to seek the counsel of an experienced pay violation attorney if you or a loved one is concerned that an employer did not properly compensate for overtime work.
Article provided by The Law Office of Marc Mezibov
Visit us at www.mezibov.com
Pay Violations on the Rise; Employees Fight Back With FLSA Claims
FLSA claims can offer payment for workers that did not receive proper compensation for working overtime.
2012-08-22
ELSE PRESS RELEASES FROM THIS DATE:
Malfunctioning Fireworks Cause Severe Injuries to Man in Florida
2012-08-22
Fireworks are supposed to be fun and entertaining. Unfortunately, a recent fireworks show at the Pasco County, Florida, fairgrounds ended with the injury of one of the workers who was setting off the display. A faulty mortar exploded near him, leaving him with severe injuries to his face and hands.
When even experienced, trained professionals can be hurt while using fireworks, it is imperative for everyone to be aware of the dangers of fireworks.
Fireworks Injury Statistics
According to the Consumer Products Safety Commission, an alarming number of fireworks injuries ...
Sundance Channel Reality Show Shines Light on Living With Paraplegia
2012-08-22
Living with disabilities such as spinal injuries, fibromyalgia, multiple sclerosis and other conditions that affect mobility means constant challenges to leading a "normal" life. American popular culture tends to push these images aside, despite the fact that millions of us face disabling pain or mobility problems every day.
A new reality program on the Sundance Channel, "Push Girls," looks at the lives of four women who use wheelchairs for various reasons. The cast includes:
- Tiphany Adams, who suffered a spinal injury in an accident caused by ...
Latest Texas Motorcycle Accidents Statistics Reveal High Fatality Rate
2012-08-22
Public service announcements regularly remind us that motorcycle accidents in Texas pose serious threats for bikers and passengers alike. Whether the bike slides off the road during an evasive maneuver or is struck side-on by a driver who failed to see a stop sign, head injuries and spinal damage can lead to lifelong challenges for injury victims.
According to the latest statistics from the Texas Department of Transportation, more than 479 people were killed in motorcycle accidents in Texas in 2011, including 30 passengers. Nearly 6,000 bikers and passengers suffered ...
Chapter 7 and 13 Bankruptcy Considerations for Florida Filers
2012-08-22
Bankruptcy can provide relief to individuals buried in all sorts of debt, including consumer loans, mortgages and car loans. Since these debts are dealt with differently, depending on what type of bankruptcy for which a filer is eligible, filers should carefully review their debt situation with a lawyer.
The Difference Between Secured and Unsecured Debt
There are two different types of debt: secured and unsecured. Secured debt is debt backed by physical collateral, like a house or a car. This means that creditors are able to repossess property if someone defaults ...
When Citizens Work With the Government to Avoid Fraud: Qui Tam Suits
2012-08-22
Health care fraud is on the rise and an investigation by USA Today reports that prosecutors are taking more aggressive actions to put an end to the practice. In many cases this was only possible because employees and private citizens "blew the whistle" on the fraud. In 2010 there was a 24 percent increase in prosecutions against those abusing government programs. During this same year government officials recovered four billion dollars from health fraud cases.
Employees and private citizens play a crucial role in uncovering fraud and stopping these abuses by ...
New York Expands DNA Collection but Balks on Wrongful Conviction Reform
2012-08-22
Of the many reasons why accused defendants should seek experienced criminal defense counsel, the growing importance of DNA evidence looms large. Prosecutions for everything from sex crimes to weapons charges frequently depend on genetic testing, and officials nationwide have created state forensic databases to keep a record of DNA samples from people who have been convicted of crimes.
When Gov. Andrew Cuomo signed New York's new DNA database law back in March, he approved a genetic evidence dragnet that commentators are calling the most expansive in the country. The ...
Researchers Discover a Promising New Treatment for Mesothelioma
2012-08-22
Researchers have discovered a new treatment that could be an important breakthrough in the treatment of mesothelioma. According to a recent study published in Cancer Research, an international team of researchers from the University of Hawaii have isolated a certain protein molecule called HMGB1.
The scientists discovered that the molecule is an essential component for mesothelioma tumor cells. By denying this molecule to the tumor cells, researchers are able to slow down the tumor growth and kill the tumor cells. Although the research is in its early stages, researchers ...
Meet the People Behind the New York Personal Injury Law Firm of Trolman, Glaser & Lichtman
2012-08-22
People watch more than three billion videos on YouTube every month. Facebook boasts more than 955 million users, many who post pictures and share videos.
So the saying "A picture is worth a thousand words" is just as applicable today as it was before people began uploading more than 300 million pictures each day on Facebook.
Videos take it a step further and allow the personality of a person -- even a law firm -- to come through. When in the market for an attorney or a law firm, images and video are invaluable in giving people a unique perspective, simply ...
Standard Life Readies Retail International Bond for RDR
2012-08-22
Standard Life today announces changes to its Retail International Bond in the run up to RDR implementation.
Standard Life will facilitate a comprehensive range of adviser charging options on the Retail International Bond from inside or outside the product, so advisers can select the charging method that best fits with their clients' circumstances and their chosen business model.
Ian Searle, Standard Life International Business Development Manager, said: "The type, timing and source of funding adviser charges all have a potential impact on tax efficiency and investment ...
British Airways Reveals Las Vegas as Top Holiday Destination for Athletes
2012-08-22
It seems that British athletes will be going from the podium to the party, as Las Vegas has been revealed as the number one holiday destination for athletes following the London 2012 Olympic and Paralympic Games.
Official airline partner British Airways asked a number of Team GB and ParalympicsGB athletes about their holiday plans post September. Far from having a relaxing break, the results showed that many of the athletes will be seeking sun and fun on Las Vegas holidays, following weeks and months of gruelling schedules.
Nearly a third of athletes (28 per cent) ...
LAST 30 PRESS RELEASES:
Should farm fields be used for crops or solar? MSU research suggests both
Study: Using pilocarpine drops post goniotomy may reduce long-term glaucoma medication needs
Stanford Medicine researchers develop RNA blood test to detect cancers, other clues
Novel treatment approach for language disorder shows promise
Trash talk: As plastic use soars, researchers examine biodegradable solutions
Using ChatGPT, students might pass a course, but with a cost
Psilocibin, or “magic mushroom,” use increased among all age groups since decriminalization in 2019
More Americans are using psilocybin—especially those with mental health conditions, study shows
Meta-analysis finds Transcendental Meditation reduces post-traumatic stress disorder (PTSD) symptoms across populations and cultures
AACR: Five MD Anderson researchers honored with 2025 Scientific Achievement Awards
How not to form a state: Research reveals how imbalanced social-ecological acceleration led to collapse in early medieval Europe
Introduced trees are becoming more common in the eastern United States, while native diversity declines
The chemical basis for life can form in interstellar ice
How safe is the air to breathe? 50 million people in the US do not know
DDT residues persist in trout in some Canadian lakes 70 years after insecticide treatment, often at levels ten times that recommended as safe for the wildlife which consumes the fish
Building ‘cellular bridges’ for spinal cord repair after injury
Pediatric Academic Societies awards 33 Trainee Travel Grants for the PAS 2025 Meeting
Advancing understanding of lucid dreaming in humans
Two brain proteins are key to preventing seizures, research in flies suggests
From research to real-world, Princeton startup tackles soaring demand for lithium and other critical minerals
Can inpatient psychiatric care help teens amid a depressive crisis?
In kids, EEG monitoring of consciousness safely reduces anesthetic use
Wild chimps filmed sharing ‘boozy’ fruit
Anxiety and depression in youth increasing prior, during and after pandemic
Trends in mental and physical health among youths
Burnout trends among US health care workers
Transcranial pulsed current stimulation and social functioning in children with autism
Hospitalized patients who receive alcohol use disorder treatment can substantially reduce heavy drinking
MSU to create first-of-its-kind database for analyzing human remains
Natural supplement may decrease biological aging and improve muscle strength
[Press-News.org] Pay Violations on the Rise; Employees Fight Back With FLSA ClaimsFLSA claims can offer payment for workers that did not receive proper compensation for working overtime.