On Oct. 13, the U.S. Department of Labor issued a proposed rule that could many employers, especially those operating in the “gig economy.” The proposed rule would change who could potentially be classified as an independent contractor as opposed to an employee. Why...
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Love May Be Blind, But Courts Are Watching
A former contestant on the Netflix reality show “Love is Blind” has filed a lawsuit alleging, among other things, that he was subjected to “inhumane working conditions,” and that he was improperly classified as an independent contractor. In his complaint,...
Chick-fil-A Plays Game of Chicken With the FLSA
by Aron Zavaro, Esq. Residents of Hendersonville, North Carolina were taken aback when their local Chick-fil-A made a Facebook post which attempted to recruit workers with the promise of free food in lieu of compensation. The post read: “We are looking for volunteers...
Lessons from The Office: Do Employees Need to Be Paid for Volunteer Work?
In the season 4 episode of The Office titled “Fun Run,” the character of Michael Scott (the Regional Manager of the fictional company Dunder Mifflin Inc., played by Steve Carell), accidentally hits his employee, Meredith, with his car, sending her to the hospital. ...
Denny’s Faces Class Action on Behalf of 8,400 Servers
A three-judge panel of the 11th Circuit Court of Appeals recently ruled that the diner chain failed to pay proper wages to servers. At issue were tasks that did not relate directly to their positions as servers. The lead plaintiff, Lindsay Rafferty, is a former...
I’m Paid a Salary. Does That Mean I’m Exempt From Overtime?
If you work for a set salary, you may be under the impression that you aren’t entitled to extra pay if you work more than 40 hours in a week. That may not be true. Depending on your job duties and the rate you are paid, you may be entitled to time-and-a-half after you...
New Overtime Law Goes into Effect in Virginia
Earlier this month, the Virginia Overtime Wage Act (VOWA) went into effect. The new law resembles the federal Fair Labor Standards Act (FLSA) in that it requires employers to pay employees an overtime rate of 1.5 times their regular rate for all hours worked in...
Is Time Spent Putting on PPE Compensable Under the Fair Labor Standards Act?
We previously blogged about the dangers of not paying hourly employees for time spent waiting in line to have their temperatures taken. Employees are now facing similar issues related to time spent putting on, and taking off, mandatory PPE. Recently, two former...
Teleworking? Your Employer Must Pay You For All Overtime Worked
As more employees work from home during the Coronavirus epidemic, it can be harder for employers to tell if an employee is working unpaid overtime. Nevertheless, you are legally entitled to be paid for every single hour you work. Your employer must pay you for...
Has Your Employer Paid You All That You Are Owed?
2019 saw at least ten multimillion-dollar private class action settlements in the wage-and-hour law arena, along with a couple of multimillion-dollar government settlements. While several of the largest settlements involved California, wage-and-hour cases appear to be...