In a win for employees everywhere, in Caudle v. Hard Drive Express, Inc., the United States Court of Appeals for the Sixth Circuit recently found that an employee’s complaints about unpaid reimbursements could constitute “protected activity” under the Fair Labor...
Wage: Tipped Employees
How Are Work Arbitration Agreements Enforced?
Over the past week, our wrongful termination and employment discrimination attorneys have blogged about the problems that arbitration agreements cause for employees and possible ways to fight your way out of them. (See Arbitration Agreements Are Bad For Employees; Am...
No Soup For You!
Corky and Lenny’s was a staple restaurant on Cleveland’s east side. The Jewish deli in Woodmere, Ohio was known for its delicious food, such as its Matzoh ball soup, and living up to its motto, “where people meet to eat.” Unfortunately, according to a recent lawsuit...
The Cautionary Tale Of A Good Employment Case
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...
Sixth Circuit Tries To Help Employers Hide Wage Theft – Will It Backfire?
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
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?
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...
It’s Critical To Hire Good Attorneys And Tell Them Everything
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?
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
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....