There has been an important development for tipped workers at the 9th Circuit Court of Appeals. Tipped workers are currently allowed to be paid the reduced minimum wage rate under the tip-credit provisions of the Fair Labor Standards Act (FLSA). The tip-credit provisions of the FLSA permit an employer, under certain circumstances, to pay tipped employees less than the full minimum hourly wage and take a “tip credit” against its minimum wage obligations. However, an employer is not permitted to ...Continue Reading →
Trunk Club, a Nordstrom subsidiary, which offers clients personal styling with mid to high end clothing brands recently agreed to pay its employees $1.75 million in a wage lawsuit. The hourly non-exempt workers alleged that they were required to perform work off-the-clock that went unpaid. Nordstrom’s Trunk Club offered their services nationwide with affected employees working in several states including California, Massachusetts, South Carolina, Illinois, Texas, Washington, D.C., and New York.
Under federal and state laws, including the ...Continue Reading →
In the last couple of years, numerous oilfield overtime lawsuits exposed companies in the oil and gas industry for misclassifying workers as independent contractors. These energy companies have recently turned to using this misclassification tactic as a means to reduce payroll costs at the employees’ expense. The misclassified employees often work well over 40 hours per week and receive no overtime pay. This is especially true when employees work for several weeks straight and anywhere from 10 ...Continue Reading →
To get their foot in the door, production assistants have been putting up with crazy work schedules on set for decades now in hopes of climbing the ranks in their field. However, there is nothing glamorous about working 12+ hour days and earning less than minimum wage. Most production assistants earn a day rate starting work hours before “call time” and working way after the crews on set wrap up. Positions such as production assistants and other ...Continue Reading →
Unfortunately, there are many job industries that frequently pay their workers a day rate or weekly salary without any regard to all the hours actually worked. This often denies a worker from being compensated correctly. They are left earning less than the hourly minimum wage and/or kept from receiving overtime pay at time and a half of what their regular hourly rates should be when working over 40 hours in a work week. The oil and gas industry, for example, ...Continue Reading →
An autobody shop in Smithtown, Long Island was sued last summer by the United States Department of Labor (USDOL) and has recently agreed to pay affected employees $400,000 in owed wages and damages. Almost 50 current and former employees were denied the proper overtime wages and experienced several labor violations. The autobody , Bi-County, is one of several Central Islip auto repair shops that have settled federal wage violations charged just this year alone.
The employees at this ...Continue Reading →
Fitapelli & Schaffer, LLP has filed a class and collective action lawsuit against Sushi Seki, a high-end NYC sushi restaurant with three locations, alleging wage and hour violations under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The lawsuit seeks to recover unpaid minimum wages, overtime compensation, misappropriated tips, call-in pay, and other damages for current and former tipped employees, such as servers, bartenders, bussers, and food runners.
Among other claims, the lawsuit alleges that Sushi ...Continue Reading →
Assistant store managers in a variety of industries are stepping forward to demand their overtime pay. In the last five years, more than 25 settlements were reached totaling almost $150 million for assistant store managers who alleged they were misclassified as exempt from receiving overtime wages. Adding themselves to this list most recently are three assistant store managers from three different Kohl’s locations across the United States. The three former employees are proposing a collective action lawsuit ...Continue Reading →
Computer help desk representatives for Bloomberg , the equity trading platform, analytics and data services provider, have moved to settle a class action wage lawsuit for whopping $54.5 million. The affected analytics team members alleged that Bloomberg misclassified them as exempt and wrongfully denied them their overtime pay even when regularly working more than 40 hours per week violating the Fair Labor Standards Act (FLSA) . Representatives were told they would work five eight-hour work shifts and ...Continue Reading →
Three Buffalo Wild Wings locations in New York have just been hit with a class action lawsuit seeking to recover minimum wages and overtime pay along with other owed wages. The popular sports bar and casual dining restaurant franchise, owned and operated by Banta Management Services, Inc., paid their tipped workers the reduced minimum wage rate or tip credit, however, failed to meet the strict statutory requirements that would permit them to apply the reduced minimum wage to their workers.
For ...Continue Reading →