With the holiday season nearly upon us, many retailers and other businesses are gearing up for the rush by hiring seasonal employees. Many times, these are temporary positions, and employers/employees may not be aware of the various wage and hour claims that may arise.
For example, it’s important to ensure your classification is correct, whether you are considered an independent contractor, or an employee, and whether you are exempt vs. non-exempt. Many violations of the Fair Labor Standards Act (FLSA) occur due to misclassifications. For example, independent contractors and exempt employees are generally not entitled to overtime pay, whereas non-exempt employees are. Further, certain classes of employers – such as religious and non-profits - are exempt from FLSA requirements. It’s important to understand from the outset your right to overtime pay as how you are classified can may a big difference in your take home pay.
Another issue to be aware of is to have clear expectations of the length of your employment.
Further, regardless of the type of employment, most federal employment laws apply. This means that workers are protected from discrimination, harassment and retaliation. However, some exceptions may exist where those laws only apply after an employee has worked in a position for a certain length of time, such as the Family and Medical Leave Act (FMLA).
Finally, if your job involves telecommuting make sure that you and your employer have an understanding regarding what constitutes on the clock and off the clock work. You may quickly rack up overtime hours and be entitled to extra pay.
For more information or if you have any wage and hour questions, please contact the experienced Atlanta wage and hour lawyers at Buckley Beal LLP for an immediate case evaluation.