Two years ago, Bloomberg LP settled a $3 million lawsuit that accused the company of failing to pay its workers overtime wages. Now, Bloomberg is once again under fire for illegal payment practices. Heidi Diaz, a former human resources employee at Bloomberg, is the lead plaintiff in the class action,
Articles about the federal Fair Labor Standards Act (FLSA) an other topics related to wage and hours issues.
Amarak Sued Again for Unpaid Wages and Failure to Pay Overtime
Aramark Corporation, a food service, facilities, and uniform service provider, faces a class action employment lawsuit. A subsidiary of the company failed to pay overtime wages to employees that have worked more than 40 hours per week, which is a direct violation of the Fair Labor Standards Act (FLSA), an
Do You Know Your Prevailing Wage?
City workers are essential to keeping the public clean, safe, and functioning smoothly. A significant portion of infrastructure, however, is not actually owned by the city. The MTA, for instance, which runs New York City’s subway system, is operated as a private corporation. But transportation is just one of
Has Lynn’s Food Grown Stale? Courts Increasingly Question Obligation to Review FLSA Settlements
For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor (DOL) or through a lawsuit filed by the individual, in which a court of competent jurisdiction enters a stipulated judgment, after reviewing the proposed settlement for fairness.
Cable Technicians Were Exempt Commissioned Employees, Fifth Circuit Concludes
Although the plaintiff cable technicians, who were paid by the completed job and not by the hour, were covered employees under the Fair Labor Standards Act (FLSA), they nonetheless were bona fide commissioned employees and therefore exempt from the overtime requirements of Act, the Fifth Circuit Court of Appeals recently
The Importance of Wage and Hour Audits
In this episode, Jen discusses why employers should conduct workplace wage and hour audits and how to keep the results privileged.
Farm Animal Enclosure Construction Worker Not Penned In by FLSA’s Agricultural Exemption, 7th Circuit Holds
The mere fact that the plaintiff was building livestock enclosures on farms did not necessarily preclude his entitlement to overtime pay under the agricultural exemption of the Fair Labor Standards Act (FLSA), the Seventh Circuit Court of Appeals has held. Therefore, the district court improperly dismissed the plaintiff’s complaint. Vanegas
Home Health Care Agency and Staffing Firm Expected to Pay $2.5 Million for Overtime Wage Violations
Earlier this month, U.S. District Judge Christy Criswell Wiegand delivered a decision that found a home care agency and a staffing firm guilty of collaborating to withhold overtime wages. The suit, which was filed by the Department of Justice (DOJ) in 2019, accused Elder Resource Management Inc. and Staff Source
Can Even Stranger Things Still Happen? Florida is Blocked From Enforcing “Stop-WOKE” Law… For Now
Following a series of stops and starts, Florida’s Individual Freedom Act (IFA), or the so-called “Stop-WOKE” law, was partially enjoined on August 18, 2022. The law, which went into effect July 1, 2022, had dramatically restricted the sorts of communications employers and educators are permitted to make concerning diversity,
Honda Sued for Overtime Pay Following Cyberware Attack
Honda worker, Brandon Whatley, has filed a class action lawsuit against the automaker for unpaid overtime wages. Whatley claims that he did not receive overtime compensation after a cyberattack on workforce management company, Kronos, impacted Honda’s timekeeping system. According to an article on Law360, Whatley seeks to represent all former
American Chicken Processors Sued for Unlawful Wage-Fixing
It is no secret that Americans love chicken. Chicken is the most popular protein in the country, and the American chicken industry is the largest in the world. Producing such a popular product has led some poultry processors to engage in unlawful behavior to maximize their profits at the expense
Esri Settles Pay Discrimination Lawsuit with the Department of Justice
Esri, a digital mapping and analytics company based in Redlines, California, agreed to pay $2.3 million settlement in a discrimination lawsuit. The Department of Justice (DOJ) sued the tech company in 2017 following allegations that Esrii paid its female employees less than their male counterparts.
After a year-long investigation, the
With so many nonexempt employees working remotely, what should be our key wage and hour compliance priorities?
Decision by Federal Court in Pennsylvania Questions Prevailing View that Judicial Approval is a Prerequisite to Settling Individual FLSA Claims
Since the Eleventh Circuit decided Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), the prevailing view has been that parties to individual lawsuits under the Fair Labor Standards Act (FLSA) must seek judicial approval (or approval from the Department of Labor) to settle and
CEO of EMD Sued for FLSA Violations
EMD Sales Inc., an international food distribution company based in the Washington D.C. area, is currently facing an overtime lawsuit filed by three former and current employees. According to an article published by Law360, Faustino Sanchez Carrera, Magdaleno Gervacio, and Jesus David Muro had settled a previous overtime lawsuit against
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