Archive for 'Wage & Hour/Overtime Violations' Category
Last week, an Arizona news column reported about a restaurant that requires its employees to donate their tips to charity one day a month. Can employers have this much control over employees’ tips? Under Arizona wage statutes, the answer is no. But aside from violating Arizona state law, this practice could also violate the Fair […]
Over the past few years, violations of the Fair Labor Standards Act (“FLSA”) were found in nearly all of the 9,000 restaurants under investigation by the Department of Labor. To address the rampant wage and hour violations in the restaurant industry, the Department of Labor has stepped up its enforcement initiatives to pursue civil money […]
Under the Fair Labor Standards Act (“FLSA”), employees must be compensated for actual work performed, whether on or off the job site. But with the many technology advancements in the workplace, employers can now effectively run their businesses around the clock by keeping employees “on-call” after regular business hours, requiring them to work only if […]
The FLSA requires that employees receive overtime pay at a rate not less than one and one half times their regular rate of pay for all hours worked in excess of 40 in a workweek. But what happens, for instance, when an employee is paid at two or more different rates of pay in a […]
This past August, the National Labor Relations Board’s (NLRB) Office of General Counsel issued an administrative decision that could have a significant effect on joint employer status. Following several complaints submitted by McDonald’s employees, the NLRB named corporate McDonald’s USA, LLC—in addition to the McDonald’s store owners—as a joint employer. This means that as a […]
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 […]
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 […]
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