Under the Fair Labor Standards Act (FLSA), employers must maintain records of hours worked by each nonexempt employee. That means companies bear the ultimate burden of showing that records of hours worked are in fact accurate. If an employer is sued by an employee, a group of employees, or the U.S. Department of Labor (DOL) […]
Tag: wage and hour
Recently, the United States Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, New Hampshire, and Rhode Island—held that an arbitration agreement between a company and a vendor wasn’t enforceable against one of the vendor’s delivery drivers who didn’t have notice of the agreement. The court’s ruling is a reminder that companies seeking to […]
A recent decision from the federal court in Miami provides excellent guidance on how to defeat wage and hour claims.
The number of companies maintaining a corporate presence on social media rose from 34% in 2008 to 77% in 2013 according to SHRM Survey Findings: Social Networking Website and Recruiting/Selection. According to the survey, social media is primarily used to attract passive job candidates, but, according to Brian R. Garrison, Esq.—partner with the law firm […]
Only an employer can violate the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA). But the statute’s nonretaliation provisions are broader and may sweep in “any person” who retaliates against an individual based on conduct protected by the FLSA.
Maryland’s federal court was recently faced with an unusual scenario when a company being sued for wage and hour violations attempted to bring one of its managers into the litigation, arguing he was also an “employer” under the law and was therefore responsible for a portion of any judgment against the company and its owners. Let’s take a closer look at this interesting case.
“Who gives [an expletive] about an Oxford comma?” muses the band Vampire Weekend in a hit song. After a recent decision from the 1st Circuit (which covers Maine, Massachusetts, New Hampshire, and Rhode Island), I’m sure Oakhurst Dairy cares about the issue quite a bit.
A nurse filed a class action lawsuit against her former employer alleging wage and hour violations, including failure to provide meal and rest breaks and pay overtime. The hospital asked the court to compel arbitration, relying on arbitration provisions in a collective bargaining agreement (CBA). Read on to see if the court granted the employer’s request.
Seyfarth Shaw LLP has released its 13th annual edition of the Workplace Class Action Litigation Report, which offers a complete guide to complex workplace-related litigation. In this year’s report, Seyfarth analyzed 1,331 class action rulings on a circuit-by-circuit and state-by-state basis to capture key themes from 2016 and emerging litigation trends facing U.S. companies in […]
The new federal overtime rules, the misclassification of employees, and recordkeeping are among the top five wage and hour risks employers in California face, according to California attorney Marc Jacuzzi of the law firm Simpson, Garrity, Innes & Jacuzzi, PC.