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According To Judges, Are Bumblebees Considered Fish?

by Brian Spitz | Jun 30, 2022 | Age Discrimination, Coronavirus, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Act 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

Sometimes, the only thing that you can do is shake your head and shrug your shoulders when a judge makes a ruling that does not make any sense. There is a reason that no trial attorney with any intelligence and experience never guarantees a client a win. There are...

Planes, Trains And Automobiles: What Workers Are Exempt From Federal Arbitration Act?

Published By Brian Spitz | Jun 15, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Act Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

Readers of this blog will know that attorneys at Spitz, The Employee’s Law Firm have their concerns with the Federal Arbitration Act, or the “FAA” for short. (See Step 1: House Passes Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act; US Supreme...

Why Retaliation Is The Easiest Employment Claim

by Brian Spitz | Jun 1, 2022 | Age Discrimination, Coronavirus, Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Act Claims, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

What is the easiest employment claim to prove? Best Employment Law Attorney Answer: Do you know what the easiest employment claim to prove is? Retaliation. There are a lot of elements that need evidence to prove race/color, religion, gender, national origin, age, and...

How Many Claims Can I Sue My Employer For At One Time? A Lot

by Brian Spitz | May 26, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Act Claims, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Wage: Minimum Wage, Wage: Overtime, Wrongful Termination

Let’s start with the basic premise most discriminatory employers don’t just discriminate once. Discrimination typically comes from an employer’s belief structure that nothing it does is ever wrong or that it simply will not get caught. This usually results in an...

US Supreme Further Limits Employer’s Arbitration Rights

by Brian Spitz | May 24, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Act Claims, Federal Law Update, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Wrongful Termination

In Morgan v. Sundance, Inc., No. 21-328, 2022 WL 1611788, at *1 (U.S. May 23, 2022), the United States Supreme Court just dealt another blow to employers’ use of arbitration agreements. As regular readers of our blog know, our employee’s rights attorneys hate...

No Wage Violation Is Too Small To Pursue

by Brian Spitz | May 11, 2022 | Employment Law, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees

Recently, our wage and hour attorneys have addressed the rights of servers in restaurants to receive minimum wage and how the tip credit works with overtime requirements under the Fair Labor Standards Act (“FLSA”). (Best Law Read: How Does A Tip Credit Work?). Our...

What Is Pay Discrimination?

Published By Brian Spitz | Apr 29, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Gender Discrimination, LGBTQ Discrimination, National Origin Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Wage: Overtime

Recently, Oxfam America, which is a confederation of 21 independent charitable organizations, released a studying that showed that while 32 percent of workers in the United States earn less than $15 per hour, that number is even worse for Black workers. Specifically,...

What Happens If My Job Retaliates Against Me For My Reporting Wage Violations?

by Brian Spitz | Apr 27, 2022 | Employment Law, Retaliation, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Wrongful Termination

Best Employment Lawyer Answer: Our pay rights lawyers recently blogged about the protections that employees have for reporting wage and hour violations on their jobs. (Best Law Read: Am I Protected After Reporting Wage Theft Under The FLSA?). As our wage theft...

What Can I Do If I’m Not Paid For All My Hours?

by Brian Spitz | Apr 26, 2022 | Employment Law, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees

Can I sue the company that I work for if I’m not paid for all of my hours? Best Wage Theft Attorney Answer: Probably – a lot depends on the facts of each case. Employees may be able to assert claims under state contract and equity laws, as well as various state labor...

How Does A Tip Credit Work?

by Brian Spitz | Apr 21, 2022 | Employment Law, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees

Before understanding the ins and outs of tip credits and pay violations for tipped-wage employees, lets start with the basics. The Fair Labor Standards Act (“FLSA”) requires employers to pay employees a minimum wage for all work performed in a workweek. 29 U.S.C. §...

Are Outside Salespeople Exempt Form Overtime Pay Under The FLSA?

by Brian Spitz | Apr 8, 2022 | Employment Law, Wage: Minimum Wage, Wage: Overtime

One of my daughter’s favorite things about going to Costco is the free samples. (I have to admit that I enjoy it too). Most people don’t realize that people giving samples don’t work for Costco – unless you try to ask them where some product that is unrelated to the...

What Is The Cost To Defend An Employment Lawsuit?

Published By Brian Spitz | Mar 29, 2022 | Age Discrimination, Coronavirus, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Act 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

It is very rare that defense attorneys share their total fees and costs publicly. Indeed, you will not likely find many defense attorneys promoting the total cost of defense, which is likely because a quicker settlement is typically cheaper, less intrusive into...

Can Managers Be Personally Liable?

Published By Brian Spitz | Mar 23, 2022 | Age Discrimination, Coronavirus, Disability Discrimination, Employment Discrimination, Employment Law, Equal Pay Act Claims, Family Medical Leave Act Claims, Gender Discrimination, LGBTQ Discrimination, Military Status Discrimination, National Origin Discrimination, Pregnancy Discrimination, Pregnancy Maternity Rights, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Whistleblower Claims, Wrongful Termination

Managers, bosses, supervisors and even the owners of the companies that you work for can engage in some pretty horrible conduct. Depending on the nature of the conduct and the laws that are involved, it can be very complicated to figure out what course of action, if...

How Do You Recover Stolen Wages?

Published By Brian Spitz | Mar 18, 2022 | Employment Law, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Wrongful Termination

What is wage theft? Best Wage and Hour Lawyer Answer: Wage theft is the illegal practice by employers of withholding all or part of earned wages of failing to comply with Fair Labor Standards Act (“FLSA”) and related state laws. Wage theft includes minimum wage,...

Is An Assistant Manager Exempt From Overtime Pay Requirements?

Published By Brian Spitz | Mar 17, 2022 | Employment Law, Wage: Minimum Wage, Wage: Overtime

There is a common misconception that just because an employee is paid a salary or called a manager or assistant manager, that employee is exempt and not entitled to overtime pay at time and a half. Indeed, this type of misclassification is a significant form of wage...

Am I Protected After Reporting Wage Theft Under The FLSA?

Published By Brian Spitz | Mar 14, 2022 | Employment Law, Retaliation, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Wrongful Termination

Best Wage And Hour Attorneys Answers: How do I report wage theft? Can I be fired for filing a wage claim? What protections do I have for reporting wage violations under the FLSA? How do I report a company for not paying me? Who is liable for retaliation against me for...

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