Employee Wage & Hour Rights Under FLSA

What are an employee’s wage and hour rights under the Fair Labor Standards Act (FLSA) when their job has been misclassified? That’s a question for which many employers and employees alike continue to struggle. This article provides some clarification.

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Are employers obligated to reimburse for travel expenses?

No, unfortunately, employers are not required to reimburse employees for expenses incurred in connection with their work, including travel expenses, unless it is required under an employment contract, or the employer promised to reimburse the expneses, or the employer reimburses some but not all employees, a possible employment discrimination claim.

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Mandatory Work Meetings Scheduled Outside Normal Working Hours or Shift

If the employee is exempt’that is, an employee who meets one of the tests for not receiving overtime’then the employer may freely make the employee attend meetings outside of his or her normal working hours shift, without any additional compensation. However, the situation is different for a nonexempt employee, or one who can earn overtime. Work time includes meeting time’essentially, if the employee is doing something which the employer requires him or her to do, it’s work.

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Can employers reduce future earnings or your salary for work already completed but not yet paid?

When there is no written contract (including a union contract) to the contrary, an employer is free to alter an employee’s salary or wages going forward, at will. Work that has already been completed must be paid at the rate which was in force and in place at that time. If the company does not pay employees at the rate, wage, salary, etc. which they had, at a minimum, the employees could sue the company for the balance owed.

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Use by Employers of Employees’ Photos in Ad Campaigns: Do They Have to Pay You?

Your employer cannot use your image or likeness on their website, in commercials, on product packaging, etc. without your permission. If your employer wants to use your image People have a right to control their own images or likenesses. This comes up most often with celebrities, simply because their images and likenesses are the most valuable. However, the legal rule applies to everyone, famous or not. This means that no one may use your image or likeness without your permission, and you may withhold your permission for any reason.

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