201308.27
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What Did You Call Me?

Companies will go to great lengths to save money. I have seen many companies who rely on what they call “independent contractors” but who, in reality, are employees. When this happens, companies may have violated overtime laws, minimum wage laws, or both. For instance, delivery drivers who are misclassified (and paid) as independent contractors may… Continue Reading What Did You Call Me?

201210.16
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Get A Free Paycheck Review

What’s Your Paycheck Missing ? It Could Be Your Pay! Paychecks tell a lot about a business. For example, paychecks that fail to contain the number of hours worked, the rate(s) of pay, and the dates covered by the paycheck usually prompt me to investigate the business further to determine not if, but how many… Continue Reading Get A Free Paycheck Review

201209.06
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Here’s A Tip…

Tips are the property of the employee, generally. Servers, bartenders, and others who regularly and customarily receive tips can actually get paid less than minimum wage – $3.02 per hour less than minimum wage to be exact. Payment in this way is called the “tip credit”. But, there are a lot of technicalities involved when… Continue Reading Here’s A Tip…

201205.15
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Workers’ Compensation Settlement Agreements – Consider Including This Language

Workers have it tough these days – which are not much different than any other day(s). But, there is a bright spot for those who lose their jobs. Courts are now trending towards holding employers to their agreements to NOT contest unemployment benefits. This case serves as an example of the recent trend – in… Continue Reading Workers’ Compensation Settlement Agreements – Consider Including This Language

201204.12
0

Immigration Status Is Still Irrelevant To Overtime Pay Claims

Recently, the Department of Labor obtained a decision from a federal court in New York in Solis vs. Cindy’s Total Care, Inc. in which the Court ruled that evidence of immigration status was irrelevant to employees’ claims for overtime pay under the Fair Labor Standards Act (“FLSA”). In particular, the Cour held that, “The Act contains… Continue Reading Immigration Status Is Still Irrelevant To Overtime Pay Claims

201203.28
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Home Health Care Workers May Soon Be Entitled To Overtime (And At Least Minimum Wage)

In-home health care workers are currently exempt from the Fair Labor Standards Act (“FLSA”). This means that they are not entitled to receive at least a minimum wage or overtime pay. But things may be changing. In December of 2011, the Obama administration announced that it wanted to expand the overtime and minimum wage protections… Continue Reading Home Health Care Workers May Soon Be Entitled To Overtime (And At Least Minimum Wage)