Payment of Commission Wages in California
Commissions Under California Labor Law The two major questions that are frequently asked regarding commissions are 1) when are they considered earned and 2) when must they be paid.  Both are reasonable and important questions for anyone whose livelihood depends on receiving commission payments. Commissioned...
Court Says No Forced Arbitration in Independent Contractor Misclassification Scheme
Misclassification & Arbitration Agreement Scheme Public Justice provides an excellent overview and commentary on a recent court opinion that struck down a scheme where the employer misclassifies employees as independent contractors and then requires the workers to give up their right to file a lawsuit...
Overtime Pay Issues for Petrochemical Workers as Jobs increase along the Gulf Coast
With the large amount of new projects taking place, a new boom is occurring in the petrochemical business along the Gulf Coast (particularly in Texas and Louisiana), and this means increased competition for the workers needed to build and operate plants.  A number of large...
Home Health Care Workers are Entitled to Overtime Pay Starting January 1, 2015
A federal court judge in Ohio has ruled that home healthcare workers are entitled to overtime wages as of January 1, 2015, the original effective date of the rule change for employees performing companionship services. The court found that the Department of Labor’s regulation changes...
Where Do the FLSA Overtime Rule Changes Currently Stand?
On November 22, 2016, a federal judge in Texas blocked the changes to the salaried Executive, Administrative, and Professional exemptions that were set to take effect on December 1, 2016. The injunction was part of a case brought by 21 states who said the rule...
Overtime Lawyers Explain Misclassification of Assistant Manager Positions as Exempt from Overtime Pay
Many companies employ assistant managers with an "exempt" job classification in order to staff additional employees without paying overtime wages. With companies under constant pressure to find cost savings, and in a job market still rebounding in many sectors, the practice remains rampant--and takes away...
Am I Owed Overtime?
The right to overtime pay can be an extremely complicated issue. There are both state and federal laws in place to defend the rights of an employee to overtime pay, but the complexity is such that each individual case must have the circumstances thoroughly examined....
WHY WORKERS OPPOSE TRUMP’S CHOICE FOR SECRETARY OF LABOR
National Employment Lawyers Association has come out on behalf of American workers to oppose the nomination of Andrew Puzder for Secretary of Labor. In support, the following is a summary of the statement recently released: Mr. Puzder is the CEO of CKE Restaurants, which is...
Are You Eligible to Be Paid for Training Time?
Are employees entitled to overtime pay for time spent in training? This is a fairly common question overtime lawyers are asked by workers in a wide range of industries, and for good reason – many employers fail to properly account for the hours spent in...
Minimum Wage in Chicago is Now $10.50 & Headed to $13
Starting July 1, 2016, the minimum hourly wage for workers in Chicago increased to $10.50 per hour for those who do not receive tips. Tipped workers must now receive a minimum cash wage of $5.95 per hour (and enough in tips to at least bring...
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