The Fair Labor Standards Act (FLSA) requires employers to pay employees overtime pay, at a rate of time and a half, for all hours worked in excess of 40 hours per week. See Section 207 of the Act. However, the FLSA contains many exemptions, including for “administrative” employees, perhaps the…
The Fair Labor Standards Act (FLSA) establishes standards for minimum wages, overtime pay, recordkeeping, and child labor. Although the Act affects more than 130 million workers, some employers and employees are exempt. The Act applies to enterprises with employees who engage in interstate commerce, produce goods for interstate commerce, or…
One of the principal reasons for business being conducted through a corporation, is for the officers, directors, managers, and shareholders of the corporation to be shielded from personal liability for the company’s failures and mistakes. Absent fraud or comingling, the so-called corporate shield is supposed to protect them from personal…
The Fair Labor Standards Act (FLSA), enacted in 1938, was Congress’s effort to create and maintain minimum standards of living for workers in industries engaged in interstate commerce. Congress attempted to secure this goal, in part, by enacting a prohibition which generally mandated that individuals who work more than 40…
Exemptions are so common in FLSA cases that practitioners accepting new cases are wise to consider the possibility in all but the most obvious situations. Along with determining the amount of overtime hours, if any, logged by employees, disputes over the applicability or not of exemptions have formed the lion…