Wage Theft – Don’t Be a Victim
Millions of workers in all types of industries are having their wages stolen by employers who fail to comply with federal and state wage and hour laws.  The dollar amounts that workers are losing due to these illegal practices are staggering.  Even by conservative estimates...
Fracking Leads to Jobs and Overtime Pay Claims
A recent study commissioned by the U.S. Chamber of Commerce says the extraction of “unconventional” shale oil and gas through horizontal hydraulic fracturing (a/k/a fracking) has created approximately 1.7 million new jobs and expects that number to more than double in the next 20 years....
FRACKING and MUDLOGGING JOBS DESERVE OVERTIME PAY
There is no shortage of work these days for the oil and gas companies involved in exploration and production in the Marcellus, Eagle Ford and Bakken shale formations. The good news is that all of this activity has created thousands of oil field jobs and...
The Illinois Employee Classification Act (“ECA”) provides remedies and rewards for misclassified construction industry workers.
Employers in Illinois are required to cover all payroll taxes, pay minimum wage and overtime, and contribute to unemployment, worker’s compensation, and medical insurance for all non-exempt employees. These obligations only apply to a contractor’s “employees,” so contractors often illegally classify their employees as something...
BP Oil Spill Workers Recover Overtime Pay
Claims adjusters working for BP and Worley Catastrophe Response in the wake of the Deepwater Horizon oil spill have filed a lawsuit claiming that as day rate workers they are owed overtime pay under the Fair Labor Standards Act. The adjusters claim that they were...
Overtime Misclassification Claims – Loan Officers and others in the Financial Service Industry
Federal law requires employers to pay minimum wage and overtime to all non-exempt employees. Overtime pay is calculated as one and one-half times the workers' normal rate of pay for any time worked above 40 hours per week.  Thus, employers have an incentive to misclassify...
States with Overtime Pay for Home Health Workers
Good news about overtime may be on the horizon for home health workers in the United States. Currently, the Fair Labor Standards Act's "companionship exemption" excludes overtime for home health workers, but several states provide overtime provisions, regardless. Additionally, a labor law change is under...
The Fair Labor Standards Act Protects Your Right to Tips
A lawsuit, filed in early 2010, saw employees of different Outback Steakhouse’s claim that they were unfairly being forced to share tips with other employees. Under the alleged “unfair” system, employees had to split tips with bussers, hosts and dishwashers. The employees were not told...
Assistant Managers, Overtime and the FLSA
Many businesses pay a salary to their assistant-manager-level employees without paying them overtime and without considering whether they truly qualify for the executive exemption. Misclassifying assistant and associate managers In order to qualify for the executive exemption, an assistant or associate manager must be paid...
Tankermen, Seaman, Maritime Employees, and FLSA Overtime
What is a Maritime Worker? The maritime job titles vary, but one thing is certain: Tankermen, oil rig workers, stevedores, shipyard workers, dockyard workers, wharfies, longshoreman, oil rig employees and other maritime employees are often misclassified as “Seaman” under the FLSA. This may affect your...
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