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
In today’s age of technology and convenience, customer service is often only a phone call or instant message away. And with an increasing consumer demand for faster support and quicker turnaround times, it seems that more industries than ever have turned to call centers as a means to provide streamlined service to their customers. Today, … Continue reading Wage and hour violations in the call center industry
Lids, a store selling jerseys, hats, and t-shirts, is facing a class-action lawsuit for failing to pay overtime to store managers. Lids’ managers were paid under a fluctuating work week (“FWW”) method of payment. Under this method of payment, employees are paid a fixed salary amount whether or not they work more or less than … Continue reading No Closed Lid on this Class Action
On Monday, January 1, 2018, approximately 150,000 Ohio workers received a pay raise. The state’s minimum wage rate increased to $8.30 an hour, up 15 cents from last year. The $8.30 is now $1.05 above the federal minimum wage rate of $7.25 an hour. For tipped employees, such as waiters and bartenders, the minimum wage rate … Continue reading New Year Marks Ohio’s Minimum Wage Increase
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?
A former Urban Outfitters department manager recently filed a lawsuit against the retail clothing company for violations of the federal Fair Labor Standards Act (FLSA). The plaintiff seeks unpaid overtime wages resulting from the store misclassifying her as “exempt” from federal overtime laws. Under the FLSA, non-exempt employees are entitled to overtime pay, while exempt employees … Continue reading Department Manager Sues for Unpaid Overtime
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
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?
Barkan Meizlish would like to honor and thank all military veterans for their service. Our firm is proud to represent and advocate on behalf of many veterans through the work we conduct in our various practice areas. We would also like to honor Chris Peifer, a partner in our Labor Department and a veteran of … Continue reading Thank you to all veterans, including one of our own: Chris Peifer
The Fair Labor Standards Act (“FLSA”) was designed to protect workers from employers who may otherwise take advantage of their employees. Generally, the FLSA requires employers to pay an overtime premium to non-exempt employees of one and a half times the employee’s regular rate of pay for all hours worked in excess of 40 within … Continue reading Wage and Hour Violations in the Oil and Gas Industry
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.” Common violations include: the mistaken classification of salaried employees as exempt; not properly calculating employees’ regular … Continue reading Oil & Gas: Long, long days deserve fair pay, including overtime calculated the lawful way.
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.” The Federal Arbitration Act (“FAA”) was enacted in 1925 to encourage private dispute resolution through arbitration. Whether two federal statutes can live … Continue reading DOJ Reverses its Position on Class Waiver.
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. This is not true. While many exempt employees are salaried, 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.
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.” 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.
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 Ohio House recently passed, and the Ohio Senate is now considering legislation that would deny workers compensation benefits to undocumented workers who are seriously injured on the job. The bill would also limit undocumented workers access to the courts for injuries suffered on the job. This bill is bad for all Ohio workers, and … Continue reading TAKE ACTION: Protect Workers Compensation for Undocumented Workers
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
The misclassification of employees is both against the law and damaging to the employee and employer. Employees lose significant wages when they are misclassified, while employers are confronted with large class action lawsuits and potentially hefty monetary judgments awarded against them. Generally, the Fair Labor Standards Act (“FLSA”) requires an employer to pay employees the … Continue reading The Pitfalls of Employee Misclassification
An often difficult issue for employers is whether meal breaks for non-exempt employees under the Fair Labor Standards Act (“FLSA”) count as compensable hours worked. Generally, the FLSA regulations state meal breaks do not count as hours worked when an employee is “completely relieved from duty for the purposes of eating regular meals.” 29 C.F.R. … Continue reading FLSA Test For Meal Break Compensation Clarified
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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?
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
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
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