A judge in New Jersey’s federal district court recently refused to dismiss a case filed under the Federal Labor Standards Act (FLSA), even though the parties appear to have settled. The case, Kessler v. Joarder Props., LLC, highlights an interesting aspect of cases filed under federal wage and hour laws: Any settlement must either be approved by the courts or the Department of Labor.
Numerous workers across the country experience wage theft – whether it is through minimum wage violations, failure to pay overtime, or tipping issues. However, while the Fair Labor Standards Act gives employees an avenue to hold their employers liable for unpaid wages, sometimes achieving an actual payout is difficult.
Just last week, Uber drivers all over the country went on strike. They protested their low pay and called for more benefits. After all, they were the ones providing Uber with their most essential services. So, they believed that the company should treat them as employees instead of contractors.
In accordance with the federal Fair Labor Standards Act, salaried employees earning less than $23,600 per year are eligible for overtime. This means if you have a managerial position or are otherwise paid a salary, and if you make $455 per week or less, you should receive time-and-a-half for every hour over 40 that you work, under the FLSA. That’s under the current rules.
When people think of wage disputes or violations of the Fair Labor Standards Act (FLSA), they often imagine that such cases will go to trial where a judge will decide the case.
It's not always easy for people to know if they should be receiving more money than they are getting at work. This is particularly true if you work irregular hours, are unsure of your status as a worker or if the timekeeping records at your job are unreliable.
Workers have many rights under the Fair Labor Standards Act. Does this include rights to breaks at work?
Whether a teenager wants or needs to work, it is crucial for them, their parents and their employers to understand the strict rules in place for hiring minors. Not only is there the federal Fair Labor Standards Act in place, but New York has some of the strictest state-level child labor laws in the country.
Millions of young people start their professional careers here in New York. And doing so is not easy. The current job market is highly competitive, and New York in particular has a reputation for pushing people to work especially hard to get ahead.
There is an old saying that if you do what you love, you'll never work a day in your life. As true as that may be in terms of the motivation and passion for your job, understand that a job is still a job. And this means that it is subject to state and federal employment laws.