The DOL’s Payroll Audit Independent Determination program


Too often, employers take advantage of their employees, with the employer typically leveraging its superior knowledge of the law. Employees forced to resort to legal action against their employers often face powerful and sometimes obstructive employers, but also benefit by representation from fierce attorney advocates who have the employee’s best interests in mind. Unfortunately, a … Continue reading The DOL’s Payroll Audit Independent Determination program

What is Wage Theft?


Wage Theft remains a serious problem in the United States. The majority of wage theft violations are due to businesses failing to pay minimum wage. Other examples of wage theft include employees who have their tips stolen, those who work “under the table” or off the books, and employees who are forced to clock out … Continue reading What is Wage Theft?

Pizza Chain Owes


A pizza restaurant chain in Manchester, Connecticut was held liable for violating the Fair Labor Standards Act (FLSA). An investigation conducted by the U.S. Department of Labor’s Wage and Hour Division found that the pizza restaurant chain had violated the FLSA’s minimum wage, overtime, and record-keeping requirements between February 2013 and November 2015. The restaurant … Continue reading Pizza Chain Owes

Baklava Not Creative?


A Brooklyn federal judge has ruled that baklava chefs’ jobs were not “creative” to meet the Fair Labor Standards Act’s creative professional exemption from overtime pay. The judge held that this exemption requires “innovation and imagination,” not the “consistency and precision” displayed by the Turkish baklava and baked goods chefs when making their tasty treats. … Continue reading Baklava Not Creative?

Suit filed on behalf of home health aide for failure to compensate for “sleep time.”


On August 2, 2017, the law firm of Barkan Meizlish, LLP filed a Complaint against Defendants Serenity Homes LV, LLC (“Serenity Homes”), and its manager, Valerie Kaleal, for the failure to properly compensate an employee in violation of the Fair Labor Standards Act (“FLSA”) and the Ohio Minimum Fair Wage Standards Act. Serenity Homes is … Continue reading Suit filed on behalf of home health aide for failure to compensate for “sleep time.”

Oil & Gas: Long, long days deserve fair pay, including overtime calculated the lawful way.


Earlier this year, the U.S. Department of Labor reported that it is finding “unacceptably high numbers of [wage and hour] violations in the oil and gas industry,” and “pattern of industry employers failing to pay workers legally required overtime.”[1] Common violations include: the mistaken classification of salaried employees as exempt;[2] not properly calculating employees’ regular … Continue reading Oil & Gas: Long, long days deserve fair pay, including overtime calculated the lawful way.

DOJ Reverses its Position on Class Waiver.


The National Labor Relations Act (“NLRA”) was enacted in 1935 to “to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices.”[1] The Federal Arbitration Act (“FAA”) was enacted in 1925 to encourage private dispute resolution through arbitration.[2] Whether two federal statutes can live … Continue reading DOJ Reverses its Position on Class Waiver.

To Be or Not to Be . . . exempt. I’m salaried, so I shouldn’t get overtime, right? Sorry, that is wrong.


There is a common and recurring misperception among many employees, employers and even attorneys that “salaried” means “exempt” under the Fair Labor Standards Act (“FLSA”) or Ohio wage and hour laws.[1] This is not true. While many exempt employees are salaried,[2] not all salaried employees are exempt. This misunderstanding often results in underpayment of wages … Continue reading To Be or Not to Be . . . exempt. I’m salaried, so I shouldn’t get overtime, right? Sorry, that is wrong.

Department of Labor withdraws 2015 and 2016 informal guidance concerning joint employment and independent contractors.


Whether a worker is classified as an “employee” versus an “independent contractor” has significant ramifications. Indeed, according to the Department of Labor, “[t]he misclassification of employees as independent contractors presents one of the most serious problems facing affected workers, employers and the entire economy.”[1] There are many protections for employees that simply are not available … Continue reading Department of Labor withdraws 2015 and 2016 informal guidance concerning joint employment and independent contractors.

Automatic deductions for meal breaks and the law – what you need to know.


Lunch breaks are an essential part of most employees’ work days. However, many employers do not properly compensate employees for this time. When a lunch break becomes interrupted for any job-related duty, no matter how short the interruption lasts, the employee must be paid for the entire lunch break. Although the Fair Labor Standards Act … Continue reading Automatic deductions for meal breaks and the law – what you need to know.

The Crawford Crew


The Crawford Crew is an amazing organization helping raise awareness about cervical cancer around central Ohio! They put on  huge yearly fundraiser called Raise a Racket and are excited to announce the event has already sold out! However, you can still help them reach their fundraising goal of $30,000 by joining the online auction! Please … Continue reading The Crawford Crew

My Claim Has Been Denied By An Administrative Law Judge – What Are My Options?


You have made your way through the long disability determination process, and finally had a hearing before an Administrative Law Judge (ALJ). Unfortunately, the ALJ has denied your claim for benefits. What now? At this point, Social Security gives you a couple of choices. First, you may appeal the ALJ’s decision to the Appeals Council, … Continue reading My Claim Has Been Denied By An Administrative Law Judge – What Are My Options?

UPDATE with the Volkswagen Recall


The Environmental Protection Agency (EPA) has recently issued a new Notice of Violation to Volkswagen for some of its vehicles with bigger diesel engines. This new investigation will affect at least 10,000 vehicles. According to the EPA, the “defeat device” software, which reduces the effectiveness of emissions control systems, is now believed to be installed … Continue reading UPDATE with the Volkswagen Recall

A Homerun for Minor League Baseball Players: Conditional Class Certification Granted


In a suit brought against Major League Baseball (MLB) by a group of former minor league players, a California federal court has granted a conditional class certification. The group of former players alleges they were not paid the requisite minimum wage in violation of the Fair Labor Standards Act (FLSA). As a result, the ruling … Continue reading A Homerun for Minor League Baseball Players: Conditional Class Certification Granted

Law Does Not Provide for a Social Security Cost-of-Living


News Release SOCIAL SECURITY Law Does Not Provide for a Social Security Cost-of-Living Adjustment for 2016 With consumer prices down over the past year, monthly Social Security and Supplemental Security Income (SSI) benefits for nearly 65 million Americans will not automatically increase in 2016. The Social Security Act provides for an automatic increase in Social … Continue reading Law Does Not Provide for a Social Security Cost-of-Living