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Category Archives: Employment Law

Overtime

Overtime Pay and the FLSA: What is the Salary Test?

By Michael Pike and Daniel Lustig |

Under the Fair Labor Standards Act (FLSA) many employees are entitled to overtime pay when they work more than 40 hours in a week. Though, overtime regulations do not apply to every employee. Salaried workers may be exempted from part of the law. There are strict rules and regulations governing overtime exemptions. In order… Read More »

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Email

Best Practices for Managing Employees Remotely

By Michael Pike and Daniel Lustig |

At this point, it feels as though the vast majority of “non-essential” people who continue to work are now doing so from home. As employers, it can be difficult to transition from overseeing employees in an office setting to managing employees from afar. Therefore, the United States Department of Labor Wage and Hour Division… Read More »

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WageHour

FLSA: What is the Outside Sales Employee Exemption?

By Michael Pike and Daniel Lustig |

The Fair Labor Standards Act (FLSA) is the key federal law that establishes basic wage and hour protections for workers. Most notably, this includes minimum wage guarantees and a right to overtime pay. Both employers and employees should understand the implications and limitations of the FLSA. One of the key limitations is the outside… Read More »

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Employment6

New Florida’s Employment Laws in 2020 That Will Impact Employers

By Michael Pike and Daniel Lustig |

Florida lawmakers are considering several bills that would have an impact on employers in 2020. These bills relate to such issues as medical marijuana protection, parental leave, race discrimination, as well as discrimination based on sexual orientation and gender identity. If passed, new bills would take effect on July 1, 2020, though the medical… Read More »

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Employment7

Two West Palm Beach Contractors Will Pay More than $175,000 to Resolve FLSA Violations—including Unpaid Overtime and Failure to Pay Prevailing Wages

By Michael Pike and Daniel Lustig |

According to a news release from the United States Department of Labor (DOL), two West Palm Beach companies will pay more than $175,000 in order to resolve claims involving allegations of unpaid overtime and other violations under the Fair Labor Standards Act (FLSA). In total, the contractors will pay $175,413 in back pay and… Read More »

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Coronavirus1

Coronavirus Pandemic: Top Questions and Answers for Employers

By Michael Pike and Daniel Lustig |

The novel coronavirus, also known as COVID-19, was recently declared a pandemic by the World Health Organization. On Wednesday evening, Trump made a rare primetime address to the nation from the oval office that has led to even more confusion. Therefore, among a myriad of unanswered questions, practical and legal issues for employers seeking… Read More »

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Overtime5

FLSA Overtime Regulations: What is “Compensable Time”?

By Michael Pike and Daniel Lustig |

Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid for the full amount of hours that they worked—including for any overtime hours that they put in. Of course, employees cannot be properly compensated if their hours have not been correctly recorded. In determining what counts as “working”, the Department of Labor… Read More »

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Paycheck2

Can a Florida Employer Be Sued After Providing Severance Pay to a Terminated Worker?

By Michael Pike and Daniel Lustig |

Generally, an employee waives a right to sue their employer by signing a severance agreement. But does providing severance pay mean that the terminated employee is prohibited from suing their employer in Florida? What does Florida’s employment law say about severance agreements? When do employers have an obligation to provide severance pay to terminate… Read More »

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Tips

How Does Overtime Work for Tipped Employees in Florida?

By Michael Pike and Daniel Lustig |

The Fair Labor Standards Act (FLSA) is a key federal law that establishes basic protections for many workers in Florida. Non-exempt employees who are covered by the law are entitled to overtime pay (1.5 times their hourly wage) when they work more than 40 hours in a given week. How the FLSA applies to… Read More »

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OvertimeEmployee

Think You Might Be Misclassified as an Overtime Exempt Employee? Here are Five Signs that Suggest that You are Right

By Michael Pike and Daniel Lustig |

Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay (1.5x their hourly wages) for any hours worked beyond 40 in a week. Of course, not all employees in Florida are covered by the FLSA’s overtime regulations. Employers have the right to “exempt” certain workers from overtime pay. That being said,… Read More »

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