Overtime – General

Seven class action Fair Labor Standards Act (FLSA) lawsuits are pending against McDonald’s Corporation and numerous McDonald’s franchises alleging wage and hour violations. The FLSA requires that employers pay at least minimum wage and provide non-exempt workers overtime compensation at a rate of one and one-half times their standard rate of pay. If you have…

One of the areas that creates a significant amount of confusion – and litigation – in employment law is the issue of misclassification. Misclassification refers to the practice of identifying workers who should be considered “employees” as “independent contractors” and thus denying them the benefits they deserve pursuant to the Fair Labor Standards Act (FLSA).…

The U.S. Supreme Court has agreed to hear a case filed by Nevada workers alleging FLSA violations. In Integrity Staffing Solutions v. Busk, workers who spent time filling Amazon.com orders, have alleged that the Fair Labor Standards Act requires that they be compensated for time spent “emptying their pockets and passing through metal detectors before…

Reality TV now makes up a large percentage of the shows Americans watch. However, unlike network show where most writers are protected by collective bargaining agreements, many reality TV writers lack these protection. As a result, like most workers, they must rely on federal and state wage and hour laws – such as the right…

A recent case heard before the U.S. Supreme Court evaluated when your employer must compensate you for putting on/taking off different required types of work gear. The questions involves what is called “donning and doffing” (taking on and off clothes and/or protective gear.) In many instances, your employer may be required to pay you for…

As with recent years, wage and hour lawsuits continue to be one of the most rapidly growing areas of employment litigation. Wage and hour lawsuit often arise out of the situation where employers either accidentally or intentionally fail to pay workers what they are entitled to by misclassifying them as independent contractors rather than employees,…

The owner of grocery chain Gristedes Foods Inc. has asked the U.S. Supreme Court to overturn the recent decision finding him personally liable as an “employer” under the Fair Labor Standards Act. This summer, A New York court determined that grocery magnate John Catsimatidis, could be held personally liable for settlement payments in a wage…

This year marks 75 years since the Fair Labor Standards Act (FLSA) was passed. Although most workers have benefitted from this and other anti-discrimination legislation, many employees still suffer from discrimination and other work place inequities. The FLSA is pro-worker legislation that sets forth certain minimum wage and overtime standards applicable to virtually all U.S.…

Frito-Lay has just agreed to pay a $1.6 million to settle and wage and hour lawsuit filed on behalf of current and former employees. The employees involved in the Fair Labor Standards Act (FLSA) lawsuit were in charge of delivering Frito-Lay products to store and arranging in-store displays. The employees alleged that the company failed…

In the ongoing discussion of when employers must pay you for time spent putting on and off protective work clothing, the U.S. Supreme Court recently evaluated under what circumstances employers are required to treat as compensable the time employees spend putting on and taking off protective clothing. The focus of the case is what constitutes…