Archive for 2015
Minimum Wage Lawsuit Filed Against Amazon
A new wage and hour lawsuit has just been filed against Amazon.com following the launch of its instant delivery system – Prime Now. Prime Now offers “instant delivery” – offering shoppers the option to request the delivery of thousands of items within one-to-two hours. The lawsuit alleges numerous violations, including failing to pay overtime, failing…
Read MoreFight to Increase Minimum Wage Takes Center Stage
The fight to increase the minimum wage is becoming a central issue in the upcoming presidential elections. In a recent Republican debate, one of the first questions was whether the candidates intend to support a raise in the minimum wage, and predictably all said no. However, this is not the end of the story. The…
Read MoreIf You Complain To Your Employer About Overtime Pay Violations, Are You Protected From Retaliation?
The federal Fair Labor Standards Act (FLSA) provides certain basic rights to almost all workers in the United States. You are entitled to earn minimum wage, and all non-exempt workers must be paid overtime wages at a rate of one and one-half times their regular rate of pay for all hours worked in excess of…
Read MoreFake Employment Letter Study Reveals Disability Discrimination
A recent article in the New York Times revealed a disconcerting finding and the uphill battle many face against employment discrimination. The conclusion comes as the result of a study conducted by researchers from Syracuse and Rutgers Universities. The researchers sent cover letters and resumes to thousands of employers from fictitious people seeking accounting jobs.…
Read MoreDellinger v. Science Applications International
In a recent court of appeals decision out of the Fourth Circuit, the court determined that while current and former employees are entitled to protection from retaliation under the Fair Labor Standards Act FLSA, prospective employees are not entitled to the same protection. In Dellinger v. Science Applications International, the 4th Circuit evaluated a woman’s…
Read MoreRetail Misclassification Prevalent
Pursuant to the Fair Labor Standards Act (FLSA), generally, all non-exempt workers who put in more than 40 hours in any workweek are entitled to earn overtime pay at a rate of one and one-half times their standard rate of pay for the extra time worked. Thus, determining who is exempt and who is not…
Read MoreAdvocates Petition President Obama To Fight Employment Discrimination
Federal and state laws protect against various different types of discrimination. For example, Title VII of the Civil Rights Act of 1964 prohibits employers from discrimination against employees on the basis of religion, gender, sex, national origin, or race. Additionally, the Americans with Disability Act (ADA) and the American with Disabilities Amendments Act (ADAAA) prohibit…
Read MoreChanges To FLSA Increase Number of Workers Covered
The Department of Labor (DOL) made several changes this summer, including two announcements that will likely expand the number of workers covered under the Fair Labor Standards Act. The first change involved “white collar” exemptions and the DOL’s proposed rule that the salary threshold for having exempt status be raised from $455/week to $970/week. Workers…
Read MoreWhat Actions Constitute Age Discrimination?
According to recent employment law reports, a man has filed an age discrimination lawsuit against 7-Eleven, the national convenience store chain. The employment discrimination claim asserts that a 73-year-old man was hired by a convenience store seven years ago as a cashier. The man earned $9.25 an hour. However, in January 2014, 7-Eleven took over…
Read MoreNot All Salaried Employees Are Exempt
Haliburton must pay $18 million to resolve a Fair Labor Standards Act (FLSA) claim for a mistake that is considered the number one thing employers should not do when compensating salaried employees. According to recent employment law news, the company automatically declared all salaried employees “exempt” from overtime, without considering duties or income at all.…
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