Tag Archives: Employer

Just because someone is A Manager does not mean they do not need to be paid Overtime under the FLSA

On February 28, 2019, a jury verdict of 2.9 million dollars was entered against Stake ‘N Shake, for not paying overtime to their managers.

That amount is likely to be doubled by the Court within the two months, or so, because under the FLSA the amount the jury awards is often doubled as a legally mandated penalty against the employer. The issue is that the employees suing Stake ‘N Shake were managers, and they were still entitled to overtime. In a famous case Family Dollar was hit with a judgement against them of over ten million dollars when their managers sued them, and they appealed and the appellate court determined their managers were entitled to overtime.

However, one of the most common things that people claim to have knowledge of about the Fair Labor Standards Act (FLSA), and its overtime requirements, is that managers are not entitled to overtime pay. It is patently false that giving someone the title of manager means you do not have to pay them overtime. To not pay overtime, to someone you call a manager, they must fit a very specific set of legal guidelines that are interpreted through hundreds, if not thousands, of Court decisions. Failing to pay someone overtime, who meets the complex regulations interpreted through court decisions, means you can be sued for overtime in a very expensive Federal or State Fair Labor Standards Act (FLSA) Lawsuit. Often time payroll companies, and non FLSA Lawyers, get wrong which managers get overtime, and which do not. For help in knowing if your managers should be paid overtime, or if one of your managers is suing you for overtime, call Joshua Sheskin at the Ft. Lauderdale Florida Headquarters of Lubell Rosen LLC.- By: Joshua H. Sheskin, Esq., 954-880-9500 jhs@lubellrosen.com

There are Complex Rules as to How to Pay Nannies and Housekeepers

Your nanny or housekeeper may feel like family but housekeepers and nannies the families that serve all the time, and these lawsuits can get far more expensive than other lawsuits brought by employees because of the number of hours involved. There are very specific rules as to how nannies and housekeepers are paid, and often they sue when their employers part ways with them, even after ten years, or more, in the home. Defending against lawsuits brought under the Fair Labor Standards Act (FLSA) I run into cases all the time when in which a nanny was with a family for twenty years, or more, and then shocks them with a lawsuit when she leaves.

You must pay some nannies and housekeepers overtime, and other nannies and housekeepers you do not need to pay overtime. A nanny or housekeeper must be paid minimum wage for all hours they work. However, which hours a live-in nanny or housekeeper must be paid is a question that strongly depends on what their duties are, and, physically, where they sleep. Furthermore, whether you can claim a credit for what you pay a nanny or housekeeper for room and board is a complex question of law that depends heavily on the circumstances. If you can take a credit towards what you pay your nanny or housekeeper, for room and board, the amount is a question of law that depends on numerous factors. The Fair Labor Standards Act (FLSA) has different regulations for live-in domestic employees than non-live in domestic employees. Contact Attorney Joshua Sheskin at the Broward County Headquarters of Lubell Rosen, at 954-880-9500 or JHS@LubellRosen.com, for help in paying your nanny or housekeeper in accordance with the law. – By Joshua H. Sheskin, Esq., 954-880-9500 – JHS@LubellRosen.com