Archive for 'News & Media' Category
Last month, a New York federal court in Saleem v. Corporate Transp. Grp., Ltd., 2014 WL 4626075 held that drivers for a “black car” business were independent contractors, rather than employees, under both the FLSA and New York Labor Law. The drivers claimed that their employer misclassified them as independent contractors, entitling them unpaid overtime […]
In the rapidly growing oil and gas industry, wage and hour violations have become more common as companies seek ways to lower their labor costs. In response, the Wage and Hour division of the Department of Labor (“DOL”) has focused its investigations and enforcement initiatives on oil and gas employers to address one violation in […]
Under the Fair Labor Standards Act (“FLSA”), there is no black-and-white rule for determining when travel time is compensable—it all depends upon the type of travel and when it occurs. The regulations interpreting the FLSA don’t provide much clarity either, stating that travel “all in a day’s work” must be counted as compensable hours worked. […]
A former employee recently brought a class action lawsuit against Wendy’s for violations of the Fair Labor Standards Act (FLSA). The lawsuit, filed on behalf of all service technicians, alleges that the technicians routinely reported fewer hours than they actually worked, and seeks compensation for unpaid work hours worked and overtime hours from December 2011 […]
Elizabeth C. Leffel A Social Security disability hearing is not a trial. It is not even in a courtroom. But the idea of a hearing can be very stressful for anyone. The hearing is just that, it is an opportunity for the Administrative Law Judge to hear the claimant’s side of the story. It is […]
Being injured on the job not only makes life more difficult in the physical sense but the following dealings with worker’s compensation claims can be a mental nightmare if you don’t know how to approach the situation. Here at Barkan Meizlish DeRose Cox, LLP our Columbus worker’s compensation attorneys help you make sense of your […]
Recently, the Ohio Supreme Court held that a commissioner of the Industrial Commission of Ohio is not required to attend a hearing in order to vote on a matter being heard. In State ex rel. Every v. Indus. Comm., Slip Opinion No. 2015-Ohio-120 (2015), an injured workers surviving spouse filed for death benefits under R.C. […]
Employee v. Independent Contractor – What You Need To Know What is the difference between an employee and an independent contractor? This is an important question and one that business owners and workers must reckon with. Oftentimes, employers will attempt to classify a new hire as an “independent contractor.” This is done to limit exposure […]
Last week, law firms Barkan Meizlish DeRose Cox, LLP and JTB Law Group, LLC filed a class and collective action against S & E Flag Cars, LLC (“S & E”), a Kentucky limited liability company in the race track operations business. The lawsuit, Perkins et al. v. S & E Flag Cars, LLC et al., was […]
Workers frequently work over 40 hours a week in this rapidly growing industry, sometimes even up to 100 hours per week. With much of the work sub-contracted out to smaller companies, the structure of the oil and gas industry certainly makes it “an industry ripe for noncompliance,” as stated by Dr. David Weil, administrator of […]
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