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Wage: Minimum Wage

The Cautionary Tale Of A Good Employment Case

by Brian Spitz | Jun 2, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Sexual Orientation Discrimination, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

As my good friend, Kenny Rodgers, once said, “You’ve got to know when to hold ‘em, know when to fold ‘em, Know when to walk away, know when to run.” There comes a time in most every case when a plaintiff-employee can claim the win by settling the case. The trick is to...

Most But Not All Employees Are Entitled To Overtime

by Christopher Wido | May 31, 2023 | Wage: Minimum Wage, Wage: Overtime

The Fair Labor Standards Act (“FLSA”) and the Ohio Minimum Fair Wage Standards Act (“OMFWSA”) are important laws that protect workers’ right to be paid premium compensation (time and one-half) for overtime work. However, not all employees are covered by these laws....

Sixth Circuit Tries To Help Employers Hide Wage Theft – Will It Backfire?

by Christopher Wido | May 24, 2023 | Employment Law, Federal Law Update, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees

As our overtime lawyers have blogged before, wage theft is an endemic problem in the United States. While some forms of wage theft might be obvious, most of the time it is insidious, or worse, employers lie to employees about their entitlement to the minimum wage and...

Don’t Count On Judges To Do What You Expect

by Brian Spitz | May 19, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Firm News, Gender Discrimination, Gender Identity Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Sexual Orientation Discrimination, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

Sometimes, no matter what you do; no matter what evidence you present; no matter what the law says – a judge is going to do whatever the judge wants to do. A good example of this proposition is found in the case of Edge v. TLW Energy Services, L.L.C., No. 22-50288,...

Am I An Independent Contractor Or Employee Under The FLSA?

by Brian Spitz | May 2, 2023 | Employment Law, Federal Law Update, Firm News, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

Why is the difference between being an employee or an independent contractor important under the FLSA? The distinction between being an employee and an independent contractor is important under the Fair Labor Standards Act (“FLSA”) because the protections and benefits...

Can My Employer Take Away PTO?

by Christopher Wido | Apr 20, 2023 | Employment Law, Federal Law Update, Wage: Minimum Wage, Wage: Overtime

What is a “salary” exactly? Unlike hourly workers, salaried employees typically receive a fixed amount of pay per week that is not tied directly to the number of hours worked or to their productivity. The “salary” is the amount that the worker is generally guaranteed...

It’s Critical To Hire Good Attorneys And Tell Them Everything

by Brian Spitz | Mar 13, 2023 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

The recent case of Bradley v. Dhybrid Systems, LLC, No. 21-4047, 2023 WL 1978683, at *1 (10th Cir. Feb. 14, 2023) provides a cautionary tale to both employers and employees regarding how to properly handle employment law claims and what can happen if you play games....

How Does Suing John Does Work?

by Brian Spitz | Mar 10, 2023 | Federal Law Update, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees

Our wage and hour lawyers have addressed the various right that employees have against wage theft under the Fair Labor Standards Act (“FLSA”). The FLSA is a federal law that sets minimum wage, overtime pay, recordkeeping, and requirements for tipped-wage employees for...

There’s $4 Billion In Overtime Wage Theft Every Year – How Much Of That Is Yours

by Brian Spitz | Feb 13, 2023 | Employment Law, Federal Law Update, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees

Let’s look at a recent article from CBS News: Companies Save Billions Of Dollars By Giving Employees Fake "Manager" Titles, Study Shows. The article is a summary of a report generated by researchers from the University of Texas and Harvard Business School....

Am I Entitled To Pay For My Time Spent Travelling To Work?

by Christopher Wido | Jan 6, 2023 | Employment Law, Federal Law Update, Wage: Minimum Wage, Wage: Overtime

As always when dealing with employment laws, the answer is maybe. It depends on the facts regarding the travel in question. This answer may be less than satisfying, but we can start with the presumption that under the Fair Labor Standards Act (“FLSA”) and Ohio Minimum...

Can My Job Retaliate For Pay Violation Complaints?

by Brian Spitz | Dec 30, 2022 | Employment Law, Federal Law Update, Retaliation, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Wrongful Termination

The Fair Labor Standards Act (“FLSA”) is the federal law that requires employers to pay non-exempt employees minimum wage and overtime at time and a half the regular rate. Today, our wage and hour lawyers are going to focus the antiretaliation provision of the FLSA...

Who Can I Sue For Wage Theft On My Job?

by Brian Spitz | Dec 22, 2022 | Employment Discrimination, Federal Law Update, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees

Today, our wage and hour lawyers review the recent case of Ocampo v. Brown & Appel, LLC, No. 21-2579-CV, 2022 WL 17684587, at *1 (2d Cir. Dec. 15, 2022), which is an unusual case out of the United States Court of Appeals for the Second Circuit. What makes this...

Professionalism And Reputation Matters

by Brian Spitz | Dec 9, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

There are a lot of factors that you should consider when selecting an employee’s rights attorney to represent you in your employment discrimination, wrongful termination, or sexual harassment claims against your employer. Our employment law attorneys have discussed...

What Happens If I Don’t Call the Right Attorney?

by Brian Spitz | Nov 25, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Wrongful Termination

What does pro se mean? Pro se is a Latin term that means "in one's own behalf,” and when used in the legal sense, it refers to when a party to litigation represents him or herself without the assistance of an attorney. Am I allowed to represent myself in federal...

Spitz Lawyers Win $1.33 Million Verdict

by Brian Spitz | Nov 23, 2022 | Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Claims, Federal Law Update, Firm News, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Non-Competition Disputes, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sales Commission Disputes, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

What was the case about? On November 17, 2022, attorneys Brian Spitz and Patricia Brandt waited outside the Courthouse with their client John Spring as the jury deliberated. They had spent the last four days in trial presenting John’s disability discrimination claim....

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