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.
Immigration status does not affect an employee’s ability to recover for unpaid wages under the Fair Labor Standards Act (FLSA). Evidence brought forth that would lead a juror to infer that a plaintiff was or is undocumented will likely be excluded, because it is more harmful to the Plaintiff and is not relevant to the … Continue reading Immigration Status Does Not Affect Ability to Recover Unpaid Wages
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 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
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