Employment Law Archives - Kenneth S. Nugent, P.C.

14 Mar

Restaurant Workers as Independent Contractors

Employment Law Deductions, independent contractor, misclassified, off the clock work, tipped employee

An Atlanta-area restaurant company incorrectly classified restaurant workers as independent contractors to avoid paying overtime. The company also required tipped employees to perform cleaning tasks off the clock, failing to record or pay for all time worked. The employer also made illegal deductions from tipped employees’ pay to account for incorrect orders and customer walkouts. These improper deductions brought the hourly wages below the federal minimum wage.

24 Sep

New Salary Level Test For Overtime

Don Benson

Employment Law, Lost Wages FLSA overtime, overtime, salary basis, salary level, salary test

You must be paid at least $684.00 per week or $35, 568.00 per year beginning January 1, 2020, to be denied overtime as an Executive, Administrative or Professional employee. The announcement today raises the salary level for the most common Fair Labor Standards Act exemptions from overtime.

17 Sep

Residential Care Workers: Automatic Deductions for Meal Breaks

Don Benson

Employment Law, Lost Wages automatic deductions of meal breaks, elder care overtime, FLSA, health care overtime, meal breaks, overtime, residential care meal breaks, residential care overtime, working dinners, working lunch

You may be cheated out of overtime if you are a residential or nursing care worker: (1) when not fully paid for all time worked, (2) when meal breaks are automatically deducted from paid time even though the meal break was not taken, (3) when the meal break was a “working lunch or dinner,” (4) when the 30 minute break was interrupted by work activities and then completed.

10 Sep

Rehabilitation and Nursing Care Workers Owed Overtime

Don Benson

Employment Law, Lost Wages FLSA, FLSA common ownership, nursing care worker, nursing home workers, off the clock work, overtime, regular rate, rehabilitation center workers, shift differential, time rounding

Rehabilitation and Nursing Care workers were owed overtime in a recent settlement: (1) when not fully paid for off the clock work, (2) when overtime was denied because work hours were not totaled from two facilities with a common owner, (3) due to the owner’s failure to include shift differential pay in the Regular Rate when calculating overtime pay, and (4) due to clock rounding errors which regularly shorted employees.

5 Sep

Nurse Practitioners Misclassified as Independent Contractors

Don Benson

Employment Law, Lost Wages automatic deductions, common owner, FLSA, FLSA common ownership, independent contractor, meal breaks, misclassification, nurse practitioner, overtime

Nurse Practitioners misclassified as independent contractors instead of employees are owed overtime. In a recent settlement, two health care facilities with common ownership also owe overtime to shared employees when the owner failed to add up the total hours worked by each shared employee at both facilities in the same week. Finally, this employer automatically deducted meal breaks from time worked, even when employees worked through meal breaks.

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