Richard D. Tuschman, P.A. Employment Lawyers

11th Circuit Rejects Department of Labor Student Intern Test

The U.S. Department of Labor uses a six-part test to determine whether interns should be classified as employees and therefore entitled to the minimum wage and overtime under the Fair Labor Standards Act. Under the DOL test, all six criteria must be met in order for the worker to qualify as an unpaid trainee or […]

Overtime Eligibility Determined by Job Functions, Not Titles or Manner of Pay

Whether or not an employee is entitled to be paid time and one-half of his/her regular rate of pay for all hours worked in excess of forty per week is not determined by the employee’s job title or the manner in which the employee is paid.  Whether or not an employee is entitled to overtime compensation […]