Employee and Consumer Rights to Sue Under state and federal rules of procedure, and statutory law, many plaintiffs are given the right to pursue their claims as a class, or on a collective basis. The right to pursue claims on a class, or collective basis allows the plaintiffs to efficiently pursue their claims, and aggregate…
Case Managers, Long Term Care Case Managers, Utilization Review Nurses and Social Workers have filed collective action lawsuits over allegations they worked without being paid overtime wages. According to the complaints, the plaintiffs allege that they have suffered damages from being required to work for more than 40 hours per week without being paid any…
A decision issued by the Ninth Circuit Court of Appeals a week ago held that the overtime criteria of the Fair Labor Standards Act (FLSA) does not offer an exemption for the mortgage underwriters. Following the decision that occurred on July 6, which adds to a growing division among various federal circuit courts, can significantly…
With the recent landmark case in California regarding the Fair Labor Standards Act (FLSA) as it applies to training and more in the pipeline regarding what non-exempt employees are being required to pay for or attend, it is important for employers to recheck what they think they know about compensation. The costs for not knowing…
Case managers or caseworkers in the social work and healthcare fields are often paid a salary by their employers and are told that they will not be paid overtime as they are “exempt” from overtime under the Fair Labor Standards Act. When hired, many employers tell the case managers that they will work 40 hours…
Most employees in Florida and Alabama are entitled to at least the federal minimum wage and “time and one-half” overtime pay for all hours worked beyond the 40 hour work week, but there are some exceptions. Section 13(a)(1) of the Fair Labor Standards Act (FLSA) grants exemption from both minimum wage and overtime pay for employees that…
Misclassification of Employees as Contractors and the FLSA Many employers believe that they can save money by hiring a worker and call them an “independent contractor”, thus saving significant money on payroll taxes and workers’ compensation expenses. While in theory this may be a good money saving technique, in the long run, it could cost…
On Friday, the US Court of Appeals for the DC Circuit issued an Order in the case of Home Care Association of America, et al v. David Weil; (No. 1:14-cv-00967, U.S. District Court of Appeals DC Circuit (August 21,2015)), upholding a home care worker’s right to receive overtime pay and the minimum wage under…
Several states (California, Connecticut and Massachusetts) have recently enacted legislation allowing workers to accumulate and use paid sick leave. In California, the statewide push was preceded by local ordinances in cities such as San Francisco, Oakland and Berkeley. In other states which have not adopted statewide legislation, major cities such as Seattle, Washington and New…
On January 15, 2015, the United States 11th Circuit Court of Appeals[1] issued an opinion which helps protect the rights of employees to receive all wages owed to them under the Fair Labor Standards Act (FLSA). Bailey v. TitleMax of Georgia, Case No. 14-11747 (11th Cir., January 15, 2015). In Bailey, the employee, Santonia Bailey,…