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 →13 SEP
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 ...
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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 →28 AUG
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, ...
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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 autobody that worked ...
Continue Reading →21 JUN
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 ...
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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 ...
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Rock Chevy, a prominent car dealership in Illinois, has just been hit with a class action wage lawsuit. Two former sales representatives at the company have brought a lawsuit on behalf of other similarly situated commissioned workers against the company to try and remedy wage and hour violations. Plaintiffs allege Rock Chevy failed to pay minimum wages, agreed upon wages, unlawfully retained Plaintiffs’ wages, and made unlawful deduction from commissions.
Affected employees include sales representatives that worked at the Rock Chevy ...
Continue Reading →15 MAR
This gender discrimination case, filed in 2016, alleged that the former prominent law firm of Chadbourne & Parke LLP willfully discriminated against the firm’s female partners by paying them less than their similarly situated male counterparts. The plaintiffs, Kerrie Campbell, Jaroslawa Johnson, and Mary Yelenick, brought this case under the Equal Pay Act and gender discrimination claims under Title VII of the Civil Rights Law.
The legal battle recently came to an end between Chadbourne’s successor firm, Norton Rose Fulbright, ...
Continue Reading →1 MAR
On Feb 27, 2018, the District Judge accepted the Magistrate Judge’s decision to conditionally certify a collective action against Bar Louie. This will allow Plaintiffs to send notice of the lawsuit with an opportunity to opt-in to all current or former servers or bartenders employed by Bar Louie from August 26, 2013 to the present. Affected workers will have the option of participating in this lawsuit with the possibility of recovering potential owed wages.
The lawsuit which was filed back in ...
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