Overtime Archives - Stiegler Law Firm, L.L.C.

Employers Can’t Avoid FLSA Liability With “Makeup” Payments

January 27, 2020exemptions, Fair Labor Standards Act, FLSA, liquidated damages, salaryFair Labor Standards Act, OvertimeCharles Stiegler

The Fifth Circuit’s decision in Novick v. Shipcom emphasizes the importance of paying overtime when it is due, and provides a useful lesson on the importance of liquidated damages in FLSA cases.

The FLSA Salary Basis – An Update

March 8, 2019exemptions, FLSA, white collarFair Labor Standards Act, OvertimeCharles Stiegler

The Department of Labor has (finally) released its updated proposed increase to the minimum FLSA salary basis for overtime exemptions. Click to learn more.

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Fifth Circuit Rules on Motor Carrier Exemption – Just What is GVWR, Anyway?

May 17, 2018exemptions, FLSA, motor carrier exemptionFair Labor Standards Act, OvertimeCharles Stiegler

Carley v. Crest Pumping, a recent decision from the Fifth Circuit, addresses the Motor Carrier Exemption and the meaning of Gross Vehicle Weight Rating. Click to learn more.

Can An Employer Pay Comp Time Instead of Overtime?

March 1, 2018comp time, employee handbooks, FLSA, overtimeCollective Actions, Fair Labor Standards Act, OvertimeCharles Stiegler

Employers are required to pay overtime to anyone who works more than 40 hours in a week. But what about companies who offer comp time instead? Unless you work for a government agency, comp time arrangements are illegal and violate your right to overtime pay under federal law.

Law Firm Secretary Wins Over $120,000 In Overtime Suit

December 20, 2017administrative exemption, off the clock, salary, white collarFair Labor Standards Act, OvertimeCharles Stiegler

A law firm secretary recently won over $120,000 in an overtime lawsuit against a former employer. Many companies fail to pay their receptionist or secretary overtime as required by law. Click to learn more.

Can Companies Pay Overtime Based on Pay Periods?

November 1, 2017FLSA, pay periods, workweekFair Labor Standards Act, OvertimeCharles Stiegler

Can companies pay overtime based on pay periods, rather than workweeks? Under the federal FLSA, the answer is no – and stiff penalties may apply. click to learn more.

FLSA Retaliation Claims

October 9, 2017FLSA, overtime exemption, wrongful terminationFair Labor Standards Act, Overtime, RetaliationCharles Stiegler

Employees may hesitate to complain about unpaid overtime or wages for fear of retaliation. The FLSA retaliation provision provides strong protections to employees who raise complaints about their wages. Click to learn more.

Are Immigrants Eligible for Overtime and Minimum Wage?

September 27, 2017FLSA, immigrants, minimum wageFair Labor Standards Act, Overtime, Unpaid WagesCharles Stiegler

Many immigrants are underpaid minimum wages or denied overtime pay. The FLSA provides a remedy – and the plaintiff’s immigration status is not relevant.

Update to FLSA Salary Basis Appeal

September 19, 2017overtime exemption, salary basisAppeals, Fair Labor Standards Act, OvertimeCharles Stiegler

The Fifth Circuit has dismissed the appeal regarding the FLSA salary basis regulations. Click to learn more.

Commissions Payments and Overtime – The FLSA Regular Rate

August 24, 2017commissions, FLSA, regular rateFair Labor Standards Act, OvertimeCharles Stiegler

Employers are required to take commissions into account when calculating overtime pay. Many fail to follow these rules and underpay their workers. Click to learn more about commissions under the FLSA.