Overtime

Ramos v. Baldor Specialty Foods: Executive FLSA Exemption Given Broad Definition

The Court found that multiple performers of parallel tasks could still be FLSA exempt as executives, stating in pertinent part,

“Admittedly, a warehouse worker who earns $700 per week ensuring that vegetables and other foodstuffs are loaded onto the correct delivery trucks and who lacks an office, a cubicle, or even a chair to call his own does not fit the popular image of a “bona fide executive.” 29 U.S.C. § 213(a)(1). But whatever incongruity there may be has nothing to do with the criterion plaintiffs would have us read into the regulation. Plaintiffs do not dispute the applicability of any of the criteria for executive status that concern their own managerial role. Rather, they argue that they are not executives because of a characteristic of the units that they supervise, based on a rule that would assuredly deny exemption to any number of highly paid managerial employees who head distinct teams of subordinates, simply because those teams perform parallel, rather than functionally distinct, tasks. In any event, Congress left the linedrawing task to the Department of Labor, which has drawn lines that exempt plaintiffs from the FLSA’s overtime protections. Congress or the Department would be free, of course, to redraw those lines. But under the current regulations, which are not “arbitrary, capricious, or manifestly contrary to the [FLSA],” Freeman, 80 F.3d at 82, plaintiffs are not entitled to overtime pay.”

Court:

UNITED STATES COURT OF APPEALS, SECOND CIRCUIT

Case Number:

11-2616-cv

Year Filed:

2011

This post is intended to provide you with information about overtime and wage cases filed throughout the country by other law firms and the government. It serves to give you an idea of the types of issues which are currently being litigated by employment lawyers as well as those which have been “settled.”

As a courtesy to you, we are providing the court name, case number and date filed to facilitate your search for it on the federal PACER website. Current information regarding case status, parties and attorneys is available on PACER to anyone who opens an account with them.

Please also note that some cases we report on were initiated by the Department of Labor and then settled  without having been filed in Federal Court and thus will not be available on the PACER website. For these cases we generally provide a brief summary of the findings and results.

Please feel free to complete the form below for submission to our law firm if you would like more information about your possible employment claim.  A representative will review it and  contact you. Please allow one  business day for someone to contact you and if you do not hear back from us then  it is possible that we did not receive it. This is a FREE consultation and you will not be charged for this call. Also please be advised that, merely by submitting this form, no Attorney-Client relationship is formed with the law firm.  The ONLY way that an Attorney-Client relationship with  the Law Office of Rose H. Robbins is formed is by specifically written  agreement signed by you and the Law Office of Rose H. Robbins.  You must provide your name,  home  or cell phone number and your zip code and all remaining fields are optional.

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SEVEN (7) QUESTIONS AND ANSWERS ABOUT OVERTIME AND WORK HOURS

1. When is overtime due?

For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and one-half times an employee’s regular rate of pay after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and fire fighters employed by public agencies and to employees of hospitals and nursing homes.

Some states have also enacted overtime laws. Where an employee is subject to both the state and Federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay).

2. How many hours per day or per week can an employee work?

The FLSA does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work.

How many hours is full-time employment? How many hours is part-time employment?

The FLSA does not define full-time employment or part-time employment. This is a matter generally to be determined by the employer. Whether an employee is considered full-time or part-time does not change the application of the FLSA.

3. When can an employee’s scheduled hours of work be changed?

The FLSA has no provisions regarding the scheduling of employees, with the exception of certain child labor provisions. Therefore, an employer may change an employee’s work hours without giving prior notice or obtaining the employee’s consent (unless otherwise subject to a prior agreement between the employer and employee or the employee’s representative).

4. When is double time due?

The FLSA has no requirement for double time pay. This is a matter of agreement between an employer and employee (or the employee’s representative).

5. Is extra pay required for weekend or night work?

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee’s representative). The FLSA does not require extra pay for weekend or night work. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee’s regular rate for time worked over 40 hours in a workweek.   (more…)

HOW TO CALCULATE THE OVERTIME PAY THAT MAY BE OWED TO YOU

 

To calculate overtime pay, you must first find out your regular hourly rate. First, divide your total weekly pay by the number of hours worked. Your total pay should also include any bonuses and commission. The resulting number is your regular hourly rate.

To calculate your overtime pay rate, multiply your regular hourly rate by 1.5. Every hour worked over 40 in a single workweek should be paid at this rate. Therefore, if you make $16 per hour you should be paid $24 for every hour of overtime. So, if you averaged 10 hours of overtime per week over a time period of two years then your claim would be for $24,960.

If you have been denied overtime at your job, you may be eligible to recover unpaid overtime through a lawsuit. You will need to speak with an overtime attorney to discuss whether you have a case.

Employees calculating their overtime pay rate should also ensure that all their hours worked are present in their paycheck. According to the Fair Labor Standards Act, the following job duties should be considered as hours worked:

* At-home work

* Some on call time

* Breaks lasting between 5 and 20 minutes

* Training sessions

* Time spent in dispute resolution meetings

* Time spent waiting for work

* Time spent receiving medical treatment at the worksite

If these hours are not included in your paycheck, you may be able to collect back pay through an overtime lawsuit. Please contact our law office today for a free evaluation of your claim.

To conctact us:

you may use the form below to email us directly; or

send email to: RobbinsLawOffice@me.com;

or call us: (954) 946-8130. 

We look forward to hearing about your employment concerns and discussing your potential case with you!