The Fair Labor Standards Act and many state laws require employers to provide premium pay (one and a half times the regular hourly rate) to employees for all hours over 40 hours in a workweek. Independent contractors are an exception to this rule, and therefore, are not entitled to overtime pay. However, employers often misclassify workers as independent […]

In a recent case, Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court held that an employee who orally complains about not being paid overtime is protected from retaliation by his employer. Prior to this case, it was unclear–from a national perspective–as to whether oral (i.e., non-written complaints) were sufficient to rise to the

Some employers have a policy or practice of not allowing employees to record overtime hours on their timesheet or timecard. These types of policies are often contained in the employer’s employee handbook or personnel manual, and the policy may indicate that an employee is subject to discipline for working “unauthorized” overtime. But what if your

Until recently, mortgage loan officers were not legally entitled to overtime pay because they were deemed to fall within the administrative exemption of the Fair Labor Standards Act (FLSA”). In breaking with this long-standing legal determination, the U.S. Department of Labor issued an Administrator Interpretation in 2010 stating that mortgage loan officers are not exempt

In an overtime case filed by St. Louis overtime lawyers in federal court in St. Louis, Missouri, against Enterprise Holdings (formerly known as Enterprise Rent-A-Car), the Judge recently issued an Order granting the plaintiffs request to conditionally certify a class of employees who claim they were unlawfully denied overtime pay. The two named plaintiffs are