The Fair Labor Standards Act (FLSA) requires employers to pay overtime wages to employees, who are eligible for such wages. Not all employees are entitled to overtime pay because the FLSA provides exemptions. Whether an employee is exempt or nonexempt usually depends on 1) how much the employee is paid, 2) how the employee is paid and 3) the type of [...]
The United States Supreme Court has ruled that the time spent waiting to undergo end of shift security screenings are not compensable under the Fair Labor Standards Act (FLSA). Under the FLSA an activity is compensable if the activity is integral and indispensable to the principal activities that the employee is hired to perform. The Court stated that for the [...]
President Obama has said he will direct the Labor Department to draft new regulations to expand eligibility for overtime pay. At issue is the "white collar" exemption. Currently any employee that has any supervisory role consisting of as little of 5% of their time can be labeled exempt. This means, for example, that fast food [...]
In Christopher v. SmithKline Beecham Corp., the Supreme Court held that the Fair Labor Standards Act (“FLSA”) exempts pharmaceutical companies from having to pay overtime wages to sales reps. At issue was whether or not pharmaceutical reps are deemed “outside salesmen”. If not, the reps would be entitled to overtime pay when they work over 40 [...]