Residential Care Workers: Automatic Deductions for Meal Breaks

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.

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Rehabilitation and Nursing Care Workers Owed Overtime

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.

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Nurse Practitioners Misclassified as Independent Contractors

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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Misclassified Independent Contractors Owed Overtime

Misclassified independent contractors are owed overtime.  Granite Masters Inc., a granite countertop installation company based in Suwanee, Georgia, will pay $105,020 in back wages and liquidated damages to 36 employees for violations of the overtime requirements of the Fair Labor Standards Act (FLSA). Granite Masters Inc. misclassified employees as independent contractors, paying straight time rates to overtime-eligible employees.

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Overtime Pay Is Not Straight Time

Overtime pay is not paid as straight time. Overtime pay is calculated at 1 ½ times the employee’s regular rate of pay.  Two recent cases found  employers paying only straight time no matter how many hours are worked. Both employers were located in smaller towns but in different industries. Workers in small towns or rural areas are some times without a lot of job choices. These workers are particularly vulnerable to being cheated out of overtime.

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