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Attorneys Who Fight For
Workers’ Overtime Pay
The companionship services exemption
At the law office of Donelon, P.C., in Missouri, we understand that some of the exemptions under the Fair Labor Standards Act can be confusing. If you provide care for an elderly or disabled person, you may have some questions about how your employers should pay you, and whether you may qualify for overtime. The U.S. Department of Labor explains the rule for the companionship services exemption. Companionship services Say the person you care for needs you there to help with daily living activities. She can bathe and dress herself, but you fix her meals for her, make sure she takes her [...]
The companionship services exemption
At the law office of Donelon, P.C., in Missouri, we understand that some of the exemptions under the Fair Labor Standards Act can be confusing. If you provide care for an elderly or disabled person, you may have some questions about how your employers should pay you, and whether you may qualify for overtime. The U.S. Department of Labor explains the rule for the companionship services exemption. Companionship services Say the person you care for needs you there to help with daily living activities. She can bathe and dress herself, but you fix her meals for her, make sure she takes her [...]
Classification of child care center determines overtime exemption
The Fair Labor Standards Act lists a number of professions that are exempt from the minimum wage and overtime laws. Teachers in Missouri are among those listed, so even when they routinely work more than 40 hours per week, their employers do not have to pay them more. Some child care centers call their employees teachers, Chron.com points out. Are these workers exempt? The answer is not always straightforward, but one case illustrates the particular eligibility requirements of a child care facility before it can claim the teacher exemption for its employees. Bloomberg BNA relates that the U.S. Department of Labor's Wage and [...]
Does your travel time count toward your total hours worked?
Your Missouri employer pays you hourly wages and sometimes requires you to travel from one worksite to another, to conferences and trade shows, and to meetings with vendors. Your supervisor says time spent in the vehicle does not count as part of your workday, and as a result, you must often stay after business hours to make up the time. Is your employer cheating you out of your rightfully earned overtime pay? According to the Society for Human Resource Management, the Fair Labor Standards Act specifically addresses when a nonexempt employee's travel time is eligible for compensation. At the direction of the employer [...]
If you work for commission, overtime can be a sore subject
Some mortgage officers enjoy the completely commission-based model of employment, with good reason. Commission can be a great way for an employee to bet on himself or herself. Basing pay completely on performance can lead to higher paydays and better rewards for hard work. However, with commission-based pay comes the possibility of losing earned overtime compensation. Here are some potential issues to look out for when working strictly on commission: Employers may not know how to calculate overtime rates based on commission work. There is a simple formula for calculating overtime based on commission: the amount in commission made for [...]
Misclassification could cost workers their overtime pay
Many workers in Missouri who regularly spend more than 40 hours each week performing job duties may expect to receive overtime pay, or time-and-a-half, for the extra hours. However, according to the U.S. Department of Labor, the Fair Labor Standards Act does not require employers to pay independent contractors overtime pay, and because of this, some companies intentionally misclassify workers. But how can people determine whether they are independent contractors or employees? The IRS explains that the answer may not be straightforward, as there are several factors that must be considered. Behavioral control An employer has the right to dictate what [...]
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