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December 2017 Archives

Higher paid workers may be entitled to FSLA mandated overtime pay

The Fair Labor Standards Act requires employers in New York and around the country to pay their workers an overtime rate of at least one and a half times their regular hourly rate when they work more than 40 hours during a standard workweek. The landmark 1938 law does not apply to those who perform professional, administrative or executive duties. However, the FLSA's language does not make clear what is and what is not a white-collar job, and it has been left to the courts to make these decisions when workers file claims over unpaid overtime.

The factors in employee classification cases

The question of whether a particular worker is an employee or an independent contractor is an important one in courts in New York and around the country. In most states, the court will examine a number of factors to determine the status of the worker, with the primary factor being the level of control the business has over the details of the work performed.

Workers cannot be required to repay draws on commission

The Fair Labor Standards Act provides certain protections to workers in New York, including the establishment of a minimum wage and overtime pay rules. Some salespeople who work on commission are paid draws on their future commissions in weeks in which they do not earn at least the minimum wage. These draws are then deducted from their commissions in subsequent weeks in which their pay exceeds the minimum wage. Recently, a federal court found that these types of pay arrangements do not violate the FLSA.

Transgender woman awarded over $1 million in discrimination case

Long Island readers may hope that they never experience workplace gender discrimination. However, a lawsuit is sometimes necessary to ensure that a worker's rights are protected. For example, a transgender woman has recently been awarded $1.1 million after being denied promotion and tenure at Southeastern Oklahoma State University. The historic decision was handed down on Nov. 20.

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