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Wage: Tipped Employees

Can I Get Punitive Damages For Wrongful Termination?

by Nicholas Kerr | Sep 1, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, 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, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees, Wrongful Termination

In the past, our employment attorneys have addressed the issue of damages and how we calculate them arising out of wrongful termination and other forms of employment discrimination. (Best Law Read: What Kind of Damages Can You Get for Wrongful Termination and...

Can I Unilaterally Settle My Wage And Hour Claim?

by Nicholas Kerr | Aug 31, 2022 | Employment Discrimination, Employment Law, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees

Labor and employment law is a broad, and complicated beast. It encompasses a myriad of claims including Workers’ Compensation retaliation and interference, discrimination, retaliation, FMLA violations, and wage and hour violations. One thing all of these claims have...

Are Your Tips Drowning In An Illegal Pool?

by Lewis Smoot | Aug 24, 2022 | Employment Law, Federal Law Update, Wage: Tipped Employees

What is a tip pool? Best Wage and Hour Lawyer Answer: An employer creates a “tip pool” when they combine some or all of the tips given by customers to tipped-wage employees like servers or bartenders, and then redistribute this money by some set percentage to those...

Can My Employer Discredit My Claims By Using Alleged Criminal Activity Of Which I Was Never Convicted?

by Patricia Brandt | Aug 12, 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, 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 short answer is it depends. There are very limited circumstances where such evidence can be used, and your employer would be the burden of convincing the court that such evidence of prior bad acts falls through that narrow window. Whether the court will allow such...

Why Having Skilled Employment Attorneys Is Critical

by Gregory Shumaker | Aug 10, 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, 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

Readers of this blog know just how complex the world of employment law can be. Today, we review a case out of the U.S. District Court for the Northern District of California that shows why it is so critically important that you seek out an experienced employment law...

Retaliation Is Still Easier To Prove Than Discrimination

by Gregory Shumaker | Aug 8, 2022 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, 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, Workers' Compensation Retaliation, Wrongful Termination

It always feels good to be right, right? Well, this employees’ rights blog is feeling extra good at the moment. Why? Well, we have previously blogged about the many reasons why a retaliation claim is the easiest employment claim to prove in court. Today, we take a...

Judges Disagree Whether Elephant Is Person

by Brian Spitz | Jul 20, 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

Our employment discrimination attorneys often talk about the fact that there is no case that you can guarantee a win – mostly pointing to the fact that judges and juries can be very unpredictable. Recently, our wrongful termination discussed that a crazy situation...

Is My Manager Personally Liable For Overtime Violations?

by Brian Spitz | Jul 5, 2022 | Employment Law, Federal Law Update, Wage: Minimum Wage, Wage: Overtime, Wage: Tipped Employees

The Fair Labor Standards Act (“FLSA”) is a federal law that requires all covered, nonexempt employees be paid at least the federal minimum wage per hour, plus time and one-half for all hour worked beyond 40 per workweek. (Best Law Read: Is An Assistant Manager Exempt...

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...

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 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. §...

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