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Not a chance. Picture this, you are working 40 hours per week at your job making $13.00 per hour. Your boss says that they need you to work 60 hours per week temporarily. This sounds good to you. You have the time and could use the extra time-and-a-half overtime...
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...
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....
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...
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,...
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...
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...
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....
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...
As the United States Supreme Court made abundantly clear yesterday in Helix Energy Solutions Group, Inc., et al. v. Hewitt, it all comes down to how you are paid. The facts are fairly simple: Hewitt was an offshore oilrig worker who was paid on a day rate basis (so...
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....
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...
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...
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...
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...
In the recently decided case, Dominick v. Mayorkas, 52 F.4th 992 (5th Cir. 2022), Gail Dominick sued her former employer, Federal Emergency Management Agency (FEMA) for race discrimination and wrongful termination under Title VII of the Civil Rights Act of 1964. She...