Wage and Hour Blog - Are You Owed Overtime Wages?
Wage Lawsuit Filed Over Fashion Internship
Date: February 8, 2012By: Wage and Hour Lawyers
A 28-year old woman has filed a lawsuit against Hearst Corp., seeking to recover compensation for house worked that she was unpaid for. According to the New York Times, Harper’s Bazaar has been sued by Xuedan Wang, formerly an intern, seeking back wages for unpaid work at the company. The lawsuit is currently seeking class action status for the alleged hundreds of unpaid interns that work to produce the other popular magazines...
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Is After Hours Cell Phone, Email Usage Compensable Time?
Date: February 6, 2012By: Overtime Attorneys
Brazil has passed a new law requiring employees to be compensated for cell phone and e-mail use after work hours. The bill was signed by President Dilma Rousseff and is intended to combat the newfound problem of “overconnectivity.” In Brazil and around the world, workers are experiencing the feeling that they can never escape their jobs, as technology has made it possibly to be reached or complete job functions at any time of the day. According to ABC News, some companies may...
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Child Labor, Wage Violations Lead to Fines for Piggly Wiggly
Date: February 3, 2012By: FLSA Attorneys
The U.S. Department of Labor (DOL) has fined multiple Piggly Wiggly franchises in Mississippi and Alabama for “significant violations of the Fair Labor Standards Act’s child labor and wage provisions.” According to the DOL report, penalties were assessed to a total of 14 of the popular franchisee-owned grocery stores in Mississippi and Alabama. Eleven stores will pay $52,037 for permitting 31 employees to do hazardous work and seven stores will pay $12,547 in...
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Labor Law Violations Found at South Dakota Resort
Date: January 27, 2012By: Overtime Lawyers
Following an investigation by the U.S. Department of Labor (DOL), Custer State Park Resort has been ordered to pay back wages and has been assessed monetary penalties. The resort located in the Black Hills of South Dakota was found to be in violation of the H-2B temporary visa program and the Fair Labor Standards Act (FLSA). According to the Rapid City Journal, Custer State Park Resort was fined $65,000 for...
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Hilton Reservations Worldwide Ordered to Pay Back Wages
Date: January 24, 2012By: FLSA Attorneys
Hilton Reservations Worldwide has agreed to pay over $700,000 in back wages to 2,645 employees after an investigation by the U.S. Department of Labor’s Wage and Hour Division. Hilton, operating as Hilton Reservations and Customer Care in Carrollton, Texas, was deemed to have violated certain parts of the Fair Labor Standards Act (FLSA) relating to minimum wage, overtime, and recordkeeping. Hilton Reservations Worldwide supplies reservation services for Hilton. The workers receiving back pay hailed from Pennsylvania, Texas, Illinois, and Florida.
The investigation...
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NLRB Disallows Employer Prevention of Class Actions
Date: January 19, 2012By: Overtime Lawyers
The National Labor Relations Board (NLRB) has decided that employers are no longer permitted to require workers to sign agreements barring them from entering class action or group employment lawsuits. According to the New York Times, it was determined that provisions of the National Labor Relations Act (NLRA) protecting the rights of employees to enter into collective action are considered superior to employer-forced contracts. Previously, employers were allowed...
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Is All Volunteering Allowed to be for Free?
Date: January 12, 2012By: FLSA Lawyers
Contrary to popular belief, employees may not “volunteer” for anything they choose. Under the Fair Labor Standards Act (FLSA), which sets federal labor standards, employees are only allowed to volunteer in certain situations. Since the volunteering legislation by the U.S. Department of Labor (DOL) defines employment as "to suffer or permit to work," many forms of “volunteering” should actually be compensated.
“Volunteering” must be paid: Under the...
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Misclassification Case Granted Class Action Certification
Date: January 6, 2012By: Employee Misclassification Attorneys
KPMG auditors are the most recent group of workers alleging misclassification by their employer. According to the Sacramento Bee, a New York federal court has granted conditional class action status to a group of auditors from KPMG who allege that they were denied overtime illegally. These entry-level auditors claim that they were misclassified as exempt employees, not entitling them to overtime pay and other benefits. They maintain that their classification as exempt violates federal employment standards guaranteed under the Fair Labor Standards Act (FLSA).
KPMG is one of the...
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Minimum Wage to Increase in 8 States for 2012
Date: December 30, 2011By: Minimum Wage Attorneys
Eight states are set to increase their hourly minimum wage, effective January 1, 2012. According to Forbes, these increases enhance the hourly rate for around 1.4 million low-wage earners in these eight states. According to the National Employment Law Project (NELP), each state’s minimum wage will increase between 28 and 37 cents per hour. Though the Fair Labor Standards Act (FLSA) sets a federal minimum hourly rate of $7.25 per hour for non-exempt employees,...
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FLSA Violations Found in Investigation into Frederick, OK
Date: December 27, 2011By: FLSA Attorneys
Twenty-nine workers were awarded a total of $60,911 after an investigation into their employer’s labor practices, according to the U.S. Department of Labor. The DOL’s Wage and Hour Division conducted an investigation into the city of Frederick, Oklahoma and found that it had violated multiple provisions of the Fair Labor Standards Act (FLSA), primarily through misclassification of its employees. The FLSA sets national minimums for overtime pay, minimum wage, and...
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Recent Wage and Hour Blog Posts
- Wage Lawsuit Filed Over Fashion Internship 2/8/12
- Is After Hours Cell Phone, Email Usage Compensable Time? 2/6/12
- Child Labor, Wage Violations Lead to Fines for Piggly Wiggly 2/3/12
- Labor Law Violations Found at South Dakota Resort 1/27/12
- Hilton Reservations Worldwide Ordered to Pay Back Wages 1/24/12
- NLRB Disallows Employer Prevention of Class Actions 1/19/12
- Is All Volunteering Allowed to be for Free? 1/12/12
- Misclassification Case Granted Class Action Certification 1/6/12
- Minimum Wage to Increase in 8 States for 2012 12/30/11
- FLSA Violations Found in Investigation into Frederick, OK 12/27/11
- Obama Pushes Wage, OT Protections for Home Care Workers 12/20/11
- FLSA Violations Forces Restaurant Chain to Pay Back Wages 12/14/11
- Supreme Court Intervenes in Pharma Rep Overtime Lawsuit 12/7/11
- Widespread Wage Violations Found in NJ Gas Stations 11/24/11
- Overtime for IT Workers to be Removed? 11/16/11
- Overtime Violations Found in Two Mexican Restaurants 11/10/11
- Retaliation Settlement of $3.2 Million Awarded to Fired Cop 11/8/11
- States Pass Wage Theft Law, Find Enforcement Difficult 11/1/11
- Minimum Wage to Increase in Ten States 10/27/11
- Huddle House Franchise Hit with FLSA Violations 10/25/11
- New Jersey Changes Exemption Laws 10/20/11
- Town of Sherman Violated FLSA, Back Pay Awarded 10/18/11
- Overtime Lawsuit Filed Against Las Vegas Sands CEO 10/13/11
- Temporary Amnesty for Businesses Misclassifying Workers 10/6/11
- FAA Employees Awarded Back Pay for Furlough 10/4/11
- Tyson Settles with Workers for $32 Million 9/27/11
- Americans Unknowledgeable About FLSA, Survey Shows 9/20/11
- BellSouth Field Managers Can Proceed with Overtime Suit 9/13/11
- Department of Labor Pushing for New Child Labor Standards 9/9/11
- Barbecue Restaurant Chain Fined for FLSA Violations 9/6/11
- Disney Launches Investigation into Sweatshop Claims 8/30/11
- Chesterfield Policemen Place Overtime Suit on Hold 8/26/11
- Overtime Investigation Launched in Louisiana 8/23/11
- Salaried Employees May Still Be Entitled to Overtime 8/18/11
- Overtime Lawsuit Filed by Kansas City EMTs 8/16/11
- State vs. Federal Overtime Law 8/10/11
- Wal-Mart Ruling Doesn't Kill Class Actions 7/26/11
- Unemployed Still Discriminated Against, Study Says 7/20/11
- California Overtime Law Expanded to Non-Residents 7/22/11
- Checking E-mail After Hours Could Be Considered Overtime 7/7/11
- Overtime Damages Can Include Back Pay, Attorneys' Fees 7/5/11
- US Department of Labor Raises Concern Over Unpaid Internships 7/1/11
- Smartphone App to Track Work Hours Released by Department of Labor 6/28/11
- Misclassified Oil Workers Recover Back Wages 6/23/11
- Fair Labor Standards Act (FLSA) Explained 6/21/11
- Jobs Typically Requiring Overtime Hours 6/16/11
- How to Calculate Overtime Pay 6/9/11
- Employee Misclassification: Have You Been Misclassified? 6/7/11
- Defining Hours Worked Under Overtime Law 5/31/11
- Administration Taking Tougher Approach To Enforcing Worker Rights, Officials Say 8/3/10
- Not getting paid overtime and dying for it? No way. 5/11/10
- Auditors crack down on 'independent contractors' 4/15/10
- Student Sacrifices: The Evils of Unpaid Internships 4/14/10
- FLSA Retalition Case Going to the Supreme Court 3/23/10
- Blah Blah Blog 3/15/10
- There is nothing to fear but fear itself 3/4/10
- Discrimination and Retaliation in the Workplace 2/25/10
- Miami-Dade County Wage Theft Ordinance 2/19/10
- Florida Top Spot for New Fair Labor Standards Act Lawsuits 2/11/10
- More than 40 Hours a week? That's Overtime! 2/9/10
- Obama's Administration Getting Serious About Worker Rights 2/2/10
- Unpaid Overtime: Killing McDonald's Managers 1/27/10
- Working Off The Clock: A Story 1/11/10
- Claims for Wages, Even If You Sign a Waiver 1/11/10
- Wage Theft on the Rise 12/21/09
- Overtime Offenders 12/16/09
- Wage and Hour Trends 12/12/09
- Welcome to the Wage and Hour Blog 12/1/09