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
Category: Wage & Hour/Overtime Violations
Wage and hour violations in the call center industry
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
New Year Marks Ohio’s Minimum Wage Increase
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
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?
Department Manager Sues for Unpaid Overtime
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
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?
Virtual Workers and Economic Reality: Independent business owners file FLSA collective action for unpaid wages
Call center service provider Great VirtualWorks is facing a collective action complaint for violations of the FLSA (Fair Labor Standards Act) and minimum wage/overtime laws of Kentucky and Pennsylvania. The case alleges that Great VirtualWorks misclassified its “independent business owners” as independent contractors, rather than employees. Great VirtualWorks is a corporation headquartered in Fort Lauderdale, Florida … Continue reading Virtual Workers and Economic Reality: Independent business owners file FLSA collective action for unpaid wages
Wage and Hour Violations in the Oil and Gas Industry
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
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.
Immigration Status Does Not Affect Ability to Recover Unpaid Wages
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
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 Pitfalls of Employee Misclassification
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
FLSA Test For Meal Break Compensation Clarified
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
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
Commission-Paid Employees Entitled to Minimum Wage or Overtime Protection?
Companies often seek to limit their risks in business, as well as limit their overall payroll expenditures. What simpler way to limit payroll risks than by implementing an “eat what you kill” compensation system that provides an employee the opportunity to work on a pure commission basis? However, employers should beware of violating the Fair … Continue reading Commission-Paid Employees Entitled to Minimum Wage or Overtime Protection?
Volkswagen Class Action
Volkswagen is recalling approximately 500,000 Volkswagen and Audi recently announced that it is recalling its “clean diesel” automobiles, which are the vehicles with 4-cylinder turbo diesel engines, which were fitted with technology that the Environmental Protection Agency (“the EPA”) calls a “deliberate attempt to evade rules on emissions.” The EPA claimed that the following vehicle … Continue reading Volkswagen Class Action
Lawyers watch wage-and-hour activity pick up as lawsuits proliferate
Business First of Columbus – by Cindy Bent Findlay For Business First Friday, December 8, 2006 The law is clear on many wage-and-hour employment issues, but it seems many employers are still confused. And lawyers are becoming more aware of the potential for recovery after a few well-publicized, large settlements and awards in class-action wage-and-hour … Continue reading Lawyers watch wage-and-hour activity pick up as lawsuits proliferate
Unpaid Internship Programs
The Fair Labor Standards Act (“FLSA”) sets forth the general requirement that all employers pay employees minimum wage and overtime pay. Under a narrow exception to this rule, an unpaid internship can comply with the FLSA if the student intern qualifies as a “trainee.” In other words, employers don’t need to compensate students who qualify … Continue reading Unpaid Internship Programs
New York Jail Time
State and federal regulations have become more aggressive in enforcing minimum wage and overtime requirements, seeking harsher penalties—including jail time—for employers who violate the law. In New York, for example, a restaurant owner was recently arrested for failing to pay employees minimum wage and overtime pay. The owner now faces a maxim jail term … Continue reading New York Jail Time