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Our wage and hour attorneys have seen it many times before. We send a letter of representation and notice of wage and hour or overtime claims to an employer, who directly responds by saying, “We had a deal. [Name of the employee] knew what he/she was going to be...
As our employment discrimination attorneys often see happen, an employer decides that it wants to retaliate against an employee or discriminate against an employee for some illegal, unlawful or other nefarious purpose. But, the employer realizes that such conduct...
There are a lot of ways that a wage and hour overtime claims under the Fair Labor Standards Act (“FLSA”) to grow horribly out of control. Our wage and hour attorneys have previously addressed how collective actions (joining on many employees into one claim) can...
Do you own a smart phone? What about a home computer or laptop? Do you ever find that your work day doesn’t end after you clock out at the office or leave for the day? Are you required by your employer to check your email after hours for work-related issues? Do you...
No matter how many times that our employment attorneys, warn clients about the dangers of social media, there are always some that just don’t get it. Our most recent example comes by way of Lineberry v. Richards, in which Carol Lineberry was a registered nurse at...
As an employment law attorney, I run into this question quite often, and the short answer is “yes.” Like all short answers, however, there are a number of variables which can alter this preliminary response. For instance, a number of class action lawsuits...
When a new client retains us to handle their case, one of the first things the attorneys at Spitz, The Employee’s Law Firmadvise the client is not to post about his or her case on social media websites. A recent case provides a good reminder of precisely why we...
Have you ever wondered if you should be considered an employee versus an independent contractor? Do you receive W2s? 1099s? Do you work out of your home versus in an office? These factors, as well as several others may determine whether your employer has correctly...
One of the attorneys at the Spitz Law Firm was recently confronted with an interesting question: does an employee belonging to a union need to first file a formal grievance for his or her employer’s violations of the Fair Labor Standards Act (FLSA) before bringing a...
In an interesting case involving a claim for retaliation under the Fair Labor Standards Act (“FLSA”), the United States Supreme Court answered the disputed question of whether complaints made pursuant to the FLSA retaliation provision had to be in writing or not. The...