EMPLOYMENT LAW

The Fair Labor Standards Act is a mandate of the Federal government that protects the rights of employees. One of the biggest areas of the law is overtime pay. Employees from various occupations are not being paid overtime properly. Some employers are unintentionally guilty of violating the law. Others know full well what they are doing. Some industries have specific issues to be addressed. One of those industries is the adult entertainment industry that hires exotic dancers. The most common violation in this workforce segment is the misclassification of employees as independent contractors. The employers do not pay these employees anything. In fact, they supply wages to other industry workers.

The way overtime is calculated is another common violation. Employers incorrectly use a method known as Chinese Overtime. Chinese Overtime is a method that averages hours for employees who work fluctuating schedules. The law, when properly applied, mandates payment due to the employees. Many employers fall short in their compliance with the regulations and are in violation of the law.

Other issues that affect overtime pay are the tips received by wait staff employees. Having employees work off the clock, during meal breaks, being on call, and working from home without pay are common overtime scams practiced by some employers. Not paying for breaks lasting five to twenty minutes, or paying wages under the guise of expense reimbursement are violations frequently made by employers also.

There are overtime pay myths that need to be debunked. Salaried employees are not automatically exempt from overtime pay. Job titles and descriptions do not control whether or not overtime pay is due an employee.

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