Latest Issues in Employment Law

There has been a recent trend in the workplace that does not involve complaints of
discrimination or harassment. Employees are pursuing claims for overtime under the provisions
of the Fair Job Standards Act; and in hio! pursuant to "# Section $%%%. goal. ". #. $%%%.
&'(A) provides that an employer must pay a workforce for overtime at a wage rate of one and
one*half periods the employee+s wage rate! for hours worked in e,cess of $& hours a single
work week! unless the employee is e,empt under Section - and Section %' in the Fair .abor
Standards Act of %/'0 (1F.SA1). 2f an F.SA e,emption does apply! then the employee is not
entitled to overtime pay under 'rd there3s r. #. $%%%. &'(A).
E,emptions are narrowly construed against the employer. The employer must demonstrate by
clear and affirmative evidence that this employee is covered by the e,emption. 4ecause there is
a presumption of non*e,emption! the e,emption is applied only in 1+those circumstances plainly
and unmistakably from the e,emption+s terms and spirit. +1 The manner in which an employee
spends his time is often a fact 5uestion! but the issue of whether the employee+s duties fall in
the e,emption is a 5uestion of law. As an e,ample of a standard e,emption! an individual
employed as an outside salesperson who is compensated by commissions is surely an e,empt
employee. ". #. $%%%. &'(6)(')(d). 7owever! an employee cannot be regarded an outside
salesperson unless! in performing his8her 9ob duties! he8she is 1customarily and regularly
engaged faraway from the employer+s place or places of business. 1
To successfully maintain an action for overtime within the F.SA! a plaintiff has the burden of
establishing all of this: %) that plaintiff was non*e,empt under ". #. ;$%%%. &'(A); <) that plaintiff
has the truth is performed work for which he8she was improperly compensated; and ') that this
defendant employer had actual or constructive knowledge that plaintiff was doing work overtime
hours.
=nless this 1three*pronged1 re5uirement is met! a plaintiff ceases to meet his8her burden under
the F.SA to maintain an overtime assert. An employee must present sufficient evidence to
establish that he8she the truth is worked overtime hours and evidence that the employer had
actual or constructive e,pertise in any overtime.
The recent trend of pursuing claims for overtime has gained momentum because attorneys are
keenly aware that besides actual damages for failure to compensate an employee for overtime
a long time! reasonable attorney fees can be awarded. From a financial standpoint! this makes
these cases irresistible to those representing employees and often results in settlement to avoid
significant attorney fee awards.
>hen a relative of an elderly person feels that the person is not being properly covered and that
his or her interests are at risk! the relative may seek the help of an attorney to help fight for the
rights and interest in the elderly person. These lawyers focus on a number of issues affecting
the aged. They may be of use when the need to preserve the assets in the elderly arises. >hen
the interests of an elderly relative are threatened! the best you can give them is an elder law law
firm.
?isit to get for more information http:88www.myfranchiseattorney.com8