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If every worker in America understood the Fair Labor Standards Act, companies would not get away with unfair payment schemes that deny proper wages to hourly and salaried employees. Unfortunately, overtime pay laws are very complex and new rules and regulations have gone into place. Someone that needs to focus on supporting their family and juggling a busy schedule just doesn’t have the time to research and fully understand the Fair Labor Standards Act. Fortunately, there are cases that have come to light that help educate people on wage laws, and more importantly, show what lawyers that understand these laws can do to help. One of the most common ways people are unfairly paid is that they are wrongly classified. That is to say that a company will refer to workers as independent contractors when in reality, under the Fair Labor Standards Act, these workers are employees that deserve their rights. A recent case in Georgia brought this to light. 80 current and former exotic dancers won a case in early September of 2011, when the court agreed that they were wrongly classified as independent contractors and deserved to be paid minimum and overtime wages under the Fair Labor Standards Act. If you’re not an exotic dancer you may be thinking how does that relate to me, but the same reasons why the dancers were considered wrongly classified could also relate to oilfield workers, construction workers and all workers paid straight time for overtime. Here is how the case broke down: According to the Judge, after looking at the economic realities of the relationship between the dancers and the club, the Court found in favor of the dancers because of the degree of control the Club had over the dancer's work “ the dancers opportunity for profit and loss, the entertainer’s relative investment, the lack of specialized skills required to be a dancer, and the integral nature of the nude entertainment to the club’s business.” The court considered these factors and agreed that under the FLSA, the entertainers had a right to minimum wage earnings, overtime pay and deserved to be treated as employees and not independent contractors. No matter what your field is, look at what the court ruled and apply the concepts to your work - with a focus on how much control someone else has over your work. Do you believe you are being treated and paid fairly? If not, help is out there. Contact our legal team that specializes in helping people receive the wages they deserve under the Fair Labor Standards Act.
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Fair Labor Standards Act, Wage Laws,
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