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Attendance Bonuses and Calculating Overtime Under FLSA

Amid the aftermath of the pandemic, many employers have introduced weekly attendance bonuses to encourage employees to return to the office. However, many employees have now claimed attendance bonuses should be considered when calculating overtime pay and that by failing to do so, an employer is violating the Fair Labor Standards Act (FLSA).

These legal disputes revolve around the intricate calculation of the “regular rate” central to the FLSA. According to the FLSA, employers must compensate non-exempt ...

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Global Payments Settles Overtime Dispute with Remote Workers

Global Payments Inc., a financial technology company, has agreed to settle a lawsuit with over 100 remote customer service workers. The employees claimed they were systematically underpaid for the significant time spent starting up and logging into their computers systems daily. The agreement follows a mediation last month, and the parties anticipate finalizing the terms and submitting settlement approval papers in February.

The lawsuit, filed by the Plaintiffs in late 2022, alleged that remote call center workers, ...

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NY’s Upcoming Minimum Wage Boost

New York is set to see a significant shift in its minimum wage laws come January 2024, promising a crucial advancement for employees reliant on these baseline earnings. This change stands as a solid measure in addressing the mounting challenges posed by the ever-increasing cost of living and inflation.

As part of the FY 2024 Budget, New York’s minimum wage will increase until 2026 and then link it to inflation from 2027 onwards. This agreement aims to ensure ...

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Judge Approves $3.7 Million Overtime Settlement for Meat Processor in Ohio

A $3.7 million settlement between a meat processor and a class of employees in Ohio has been granted approval by a federal judge, effectively resolving their unpaid overtime claims and closing the case permanently.

The approved settlement will distribute $2.4 million proportionally among class members, comprising current and former non-overtime-exempt Fresh Mark production employees from February 22, 2019, up to the present. Considering the three-year statute of limitations, this payout equates to a 56% recovery of their total damages, leading ...

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SIM Scam Suit Allowed to Proceed in Washington

A federal judge in Seattle has rejected the majority of T-Mobile’s request to dismiss a potential class action lawsuit accusing the company of enabling SIM swap scams through its service. While two of the plaintiff’s claims have been dismissed, the judge has permitted the continuation of the remaining four allegations.

In February, a T-Mobile customer from Illinois filed a lawsuit claiming to have fallen prey to a “SIM swap scam.” In this scheme, fraudsters persuaded the wireless carrier to activate ...

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Understanding Clopening Shifts in New York City

In the world of employment law, the term “clopening” has gained traction in recent years, sparking discussions about fair labor practices in fast food restaurants. A clopening shift refers to the practice of scheduling an employee to close the business at night and then return to open it the next morning, often leaving little time for rest and recovery. This practice can be physically and mentally demanding and has raised concerns about its impact on employee well-being and safety.

A clopening ...

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Court Upholds Wage Increase for Food Delivery Workers in New York

On Thursday, a judge ruled in favor of New York City regulators, allowing them to proceed with increasing the minimum wages for app-based food delivery workers. This decision came after three major delivery companies contested the rule.

The recently enacted minimum pay legislation, designed to prompt tech companies to provide fairer compensation for gig workers, mandates that platforms initially pay workers around $18 per hour, beginning in October. This hourly rate will progressively rise to $20 by ...

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Flight Attendant Alleges Spirit Airlines Wrongfully Denies FMLA Leave

A former Spirit Airlines flight attendant claims that the airline is unlawfully denying employees their entitled unpaid family or medical leave by failing to accurately account for all the hours worked, which is a violation of the Family and Medical Leave Act (FMLA). This assertion is part of a proposed class action lawsuit filed in a federal court in Nevada.

In the lawsuit, a former Spirit Airlines flight attendant alleges that Spirit Airlines excluded the hours spent ...

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DOL Revises Prevailing Wage Assessments for Construction Workers

The U.S. Department of Labor has given the green light to a new rule under the Davis-Bacon Act that changes how prevailing wages are determined for construction projects funded by the federal government. This update will lead to a significant change to wage assessments and is great news for those in the construction industry.

The Davis-Bacon Act affects nearly all government-funded projects and is a common piece of prevailing wage legislation. Basically, it says that companies working on these projects ...

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$72.5 Million Settlement for Home Depot’s Unpaid Overtime Receives Initial Green Light

In a significant development for Home Depot and its employees, a federal judge in California granted initial approval for a substantial $72.5 million settlement. This settlement brings an end to a prolonged and complex legal battle that spanned seven years, addressing class claims accusing Home Depot of neglecting to compensate its workers for off-the-clock work.

The Judge also authorized the certification of three subclasses. The first subclass comprises hourly, non-overtime-exempt workers in California. The second subclass includes ...

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