New White-Collar Overtime Pay Rule Pushed Back to February 2015

December 16, 2014
white collar overtime pay rule

The Department of Labor (DOL) is expected to release a new rule regarding the payment of overtime to white-collar workers in February of 2015. The proposed rule has been rolled back. Originally, the Department of Labor created a self imposed November 2014 deadline. The proposed white-collar overtime pay rule could make overtime pay available to […]

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Fair Labor Standards Act Means Many Exotic Dancers are Misclassified

December 10, 2014
exotic dancers file suit misclassified as independent contractors

There has been a recent wave of the Fair Labor Standards Act (FLSA) rulings finding employers in violation of the law, particularly in the adult entertainment industry. Early in 2014, a New York judge approved an $8 million settlement for dancers at an adult establishment after allegations of misclassification as independent contractors. Last month, another […]

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Misclassification of Independent Contractors: Major Problem for Employers and Employees

December 4, 2014
fine line between employee and independent contractor

Many find the line between an independent contractor and an employee almost indecipherable. It’s a very fine line to walk. But it’s more important than ever that the time be taken to pin down the accurate definitions and details to avoid “misclassification” of employees as independent contractors. This violation is being given high priority by […]

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300 Workers Receive $380,000 in Back Wages from Syracuse Area Contractor

December 1, 2014
Drywall installers filed suit won settlement

300 drywall installers have been awarded $380,000 in back wages. Federal officials say that they were misclassified as independent contractors by a Syracuse area contractor. The U.S. Department of Labor alleged that the company, General Interior Systems (GIS), Inc. of Clay, misclassified employees in an effort to avoid the payment of overtime and employee benefits […]

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Pay & Overtime Violations Lawsuit Filed by Google Contractor

November 26, 2014
magazine merchandiser, google, contractor files suit for overtime pay

A Google contractor filed suit against Google, claiming that they failed to provide overtime pay, misclassified him as an independent contractor, and terminated his employment after he requested more hours be covered under his contract with the company. The suit was filed in New York federal court and the plaintiff seeks collective action status on […]

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Unpaid On-Duty Time Case: Truck Drivers vs. Walmart Gets Class-Action Certification

November 19, 2014
truck drivers file california class action lawsuit

A California federal court recently ruled that the lawsuit California truck drivers brought against Walmart for unpaid on-duty time case continue as a class-action lawsuit. The ruling, issued by U.S. District Judge Susan Illston on September 10, 2014, is in reference to claims brought by California truck drivers that originated in 2008. The truck drivers, plaintiffs, […]

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Southern California Labor Workers Owed Millions in Overtime and Back Wages

November 12, 2014
garment industry workers due millions in overtime

As a result of a survey of 221 investigations over the last year, the U.S. Department of Labor found that over 1,500 Southern California garment workers are owed over $3 million in back wages and overtime. According to the department, on average, each of the 1,500+ Southern California workers are owed $1,900 in unpaid wages. […]

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Overtime Pay Protections Extended to Home Care Workers

November 4, 2014
overtime pay for home care workers, overtime pay protection, new california overtime law

The final rule to extend minimum wage and overtime pay protections to home care workers takes effect on January 1, 2015. Tuesday, the Department of Labor announced that it won’t be enforcing the final rule until 6 months later. California officials responded to the federal decision regarding the delayed enforcement by stating that it would […]

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Class Action Filed by California Caregivers for Failure to Pay Overtime and Minimum Wage

October 29, 2014
tired caregive failure to pay minimum wage and overtime wages

A group of caregivers out of California filed a class action lawsuit against Kindred Healthcare, Inc. for alleged failures to pay minimum wage and appropriate overtime wages. In addition, the suit claims that there were rest and meal break violations. Kindred Healthcare is one of the largest post-acute healthcare services facilities in the country and […]

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Holiday Retirement, Senior Living Company, Faces Overtime Suit

October 22, 2014
caregivers california overtime

A class action lawsuit was filed in California against Harvest Management Sub, LLC dba Holiday Retirement. The complaint included allegations of intentional misclassification of employees as exempt. In many cases, it is believed that businesses intentionally misclassify their employees in this fashion as a means of avoiding the additional expense required to provide workers with […]

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When Independent Contractors are Actually Employees

October 8, 2014
independent contractor or employee

Sometimes it’s difficult to know if you are an employee or an independent contractor. Even more often it’s hard to know if you actually en employee even though you’re called an independent contractor . If you’re not sure, you might be one of the many who are “employees” in everything but title. You might be […]

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