wage & hour laws Archives

Working off the clock? It's probably illegal

If you are working in Nashville and your employer asks you to work off the clock, he might be committing an illegal act. In fact, for most workers, it is against the law for them to work without pay, even if they choose to do so. Some employers convince their employees to work off the clock in order to avoid paying higher overtime rates. However, the Fair Labor Standards Act (FLSA) makes this illegal.

Women in STEM fields report higher levels of discrimination

Some Tennessee women who work in STEM careers may have experienced on-the-job discrimination. A study by Pew Research Group found that half of women nationwide working in STEM jobs reported discrimination compared to 41 percent of women who were in other occupations. The study also found that women who had a postgraduate degree, worked with computers or worked in environments that were mostly male-dominated also were more likely to encounter discrimination.

Court rules in favor of employees in overtime case

Tennessee workers may be entitled to overtime pay under the terms of the Fair Labor Standards Act thanks to a federal court ruling. The ruling was made by the 6th Circuit Court of Appeals in the case of Tom Hughes and Desmond McDonald v. Gulf Interstate Field Services Inc. It involved two welders who each made more than $100,000 per year while working for Gulf Interstate in 2013 and 2014.

FLSA misclassification can impact high-salary employees

Workers in Tennessee could be missing out on significant income that they are owed if they are not receiving appropriate overtime, even if they already earn a high wage. One December 2017 U.S. Circuit Court ruling overturned a lower court to hold that two welding inspectors, each of whom earned over $100,000 each year, could be entitled to overtime pay under the provisions of the Fair Labor Standards Act.

Know the difference between employees and independent contractors

Many employment issues hinge on the classification of an employee. In some cases, employers might try to claim that someone is an independent contractor instead of an employee in order to avoid having to address certain matters. Understand the difference so that you can ensure that you are classified correctly.

Case will decide whether man was employee or contractor

Some Tennessee residents who work in what is known as the "gig economy" might actually be considered employees instead of independent contractors. In California, a lawsuit is underway in a federal court involving a man who was a driver for the company GrubHub for five months in 2015. The man says that as an employee, he was entitled to reimbursement for business expenses and overtime but that he was misclassified. GrubHub says that it simply connects drivers and customers with restaurants but is not an employer.

Can your employer legally ask you to work off the clock?

It happens in a variety of situations. You're an hourly employee, perhaps in retail or customer service. You're at the end of your shift when your manager approaches you. He or she then asks you to clock out and return to work. Sometimes, it's just end of shift cleanup.

Determining overtime eligibility in Tennessee

A Tennessee resident who makes less than $455 a week and who works in a non-exempt industry may be eligible to receive overtime pay. The Fair Labor Standards Act requires that workers receive overtime pay if they work more than 40 hours in a week. Tennessee state law mandates that employees get a minimum overtime wage of $10.88 per hour.

After-hours emails may count as overtime

Under the Fair Labor Standards Act, employers in Tennessee are required to compensate non-exempt employees for any and all hours of overtime. That includes time spent on calls, texting or emailing after work hours from mobile devices. Tennessee employers may be liable for failure to pay overtime if they have constructive or actual knowledge of the overtime worked.

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