Signed Time Cards: The Difference Between ‘Thrill of Victory’ and ‘Agony of Defeat’
A recent decision from the federal court in Miami provides excellent guidance on how to defeat wage and hour claims.
Tag: wage and hour
3 Steps to Protect Information While Leveraging Social Media
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 […]
Employer’s Lawyer in Hot Water After Threatening Worker with Possible Deportation
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 Restaurant Can’t Shift Liability for Wage Claim to Manager
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.
Overtime and FLSA: Maine Employer Cheesed Off by Comma Drama
“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.
Was CBA Sufficient to Compel Arbitration of California Nurse’s Wage and Hour Claims?
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.
New Report Examines Trends in Wage and Hour Class Action Suits, Settlements
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 […]
California’s Top 5 Wage and Hour Risks
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.
Supreme Court Won’t Review FLSA Whistleblower Case
The U.S. Supreme Court has announced that it will not review an appeals court ruling that a wage and hour complaint lodged by a human resources director can be “protected activity” under the Fair Labor Standards Act (FLSA) as long as he or she is not responsible for compliance with the law.
Supreme Court Won’t Review FLSA Whistleblower Protection for HR Director
By Kate McGovern Tornone, Editor The U.S. Supreme Court has announced that it will not review an appeals court ruling that a wage and hour complaint lodged by a Human Resources director can be “protected activity” under the Fair Labor Standards Act (FLSA) as long as she is not responsible for compliance with the law.