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?
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
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.
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