On Friday, May 27, 2011, Riggan Law Firm, LLC, a St. Louis overtime law firm–in connection with Crone & McEvoy PLC, a Memphis overtime law firm–filed a class/collective action wage and hour lawsuit against Roark Travel Service Network, LLC, which is a company that sells vacation packages in Branson, Missouri. The lawsuit alleges violations of state […]

A frequently litigated employment law issue is whether computer professionals are entitled to overtime pay (at the rate of one and half times their regular rate) for all hours over 40 hours in a workweek. This issue is confronted often by overtime attorneys. In the current economy, information technology professionals typically work long hours, are called

In our current down economy, companies are resorting to many tactics to cut costs. One of these methods has been to require employees to engage in uncompensated work activities, otherwise known as “off the clock” work. Common examples include working during unpaid breaks, uncompensated travel time, uncompensated work after hours and/or at home, pre-shift preparation

In a recent case, a group of exotic (nude) dancers sued a gentlemen’s club for its failure to pay them minimum wage under the Fair Labor Standards Act (“FLSA”). As explained in more detail below, the Court found that the exotic dancers were employees of the club (instead of independent contractors), and therefore, that the club violated the

Historically, under the Fair Labor Standards Act, Pharmaceutcal Sales Representatives (PSRs) have been deemed not to be entitled to overtime pay. However, a number of recent developments in federal law have reversed that course and led to PSRs’ entitlement to overtime pay. These developments are significant for two primary reasons: (1) PSRs typically work substantial amounts

The Fair Labor Standards Act and many state laws require employers to provide premium pay (one and a half times the regular hourly rate) to employees for all hours over 40 hours in a workweek. Independent contractors are an exception to this rule, and therefore, are not entitled to overtime pay. However, employers often misclassify workers as independent

In a recent case, Kasten v. Saint-Gobain Performance Plastics Corp., the United States Supreme Court held that an employee who orally complains about not being paid overtime is protected from retaliation by his employer. Prior to this case, it was unclear–from a national perspective–as to whether oral (i.e., non-written complaints) were sufficient to rise to the

Some employers have a policy or practice of not allowing employees to record overtime hours on their timesheet or timecard. These types of policies are often contained in the employer’s employee handbook or personnel manual, and the policy may indicate that an employee is subject to discipline for working “unauthorized” overtime. But what if your

Until recently, mortgage loan officers were not legally entitled to overtime pay because they were deemed to fall within the administrative exemption of the Fair Labor Standards Act (FLSA”). In breaking with this long-standing legal determination, the U.S. Department of Labor issued an Administrator Interpretation in 2010 stating that mortgage loan officers are not exempt