Sometimes the holidays are filled with holiday cheer, but then other times they are filled with the gnawing anxiety over empty pockets. This is a common issue and thankfully, a lot of stores have seasonal work that allows the opportunity to make some money heading into and during the holiday
Overtime claims
Don’t Play with Holiday Pay
As the holiday season approaches, many employees find themselves working extra hours to meet year-end deadlines or accommodate increased consumer activity. This is especially true in the retail and hospitality industries.
Various industries experience a significant increase in demand during the holiday season. For example, retailers see an uptick in…
Understanding the Difference Between an Independent Contractor and Employee
On January 5, 2023, the Federal Trade Commission has published a proposed regulation that would in essence bring non-competes to an end. Under this new law an employer would be prohibited from entering into an agreement with its workers “that prevents the worker from seeking or accepting employment with a…
Planes, Trains, Automobiles, and the Outside Sales Exemption
In the classic Thanksgiving film Planes, Trains, and Automobiles, Steve Martin’s character meets Del Griffith, a salesman played by John Candy, at an airport. In fact, Del is the director of sales, shower curtain ring division for American Light & Fixture. He works hard at…
Department of Labor’s New Proposed Regulations Pose a Threat to Employee Rights
On September 22, 2020, the Department of Labor (DOL) announced a new proposed rule that would, if it becomes final, change the test the DOL uses to determine if a worker is an “independent contractor” or an “employee” under the Fair Labor Standards Act (FLSA). The result of this proposed rule change will inevitably be that thousands of employees will be reclassified as independent contractors under the FLSA. The FLSA is the federal law mandates employers to pay their employees minimum wage, overtime for time worked over 40 hours, and other record keeping requirements. My goal is to provide a brief overview of the new proposed changes and hidden dangers in the DOL’s proposed rule change.Continue Reading Department of Labor’s New Proposed Regulations Pose a Threat to Employee Rights
An employee may defeat a Twombly motion to dismiss by pleading that he is a nonexempt employee that worked in excess of forty hours per week and was not paid one and a half times his regular rate of pay for overtime hours worked.
“Plaintiffs’ allegations that they were nonexempt, regularly worked more than forty hours per week, and were not paid time-and-a-half to be factual allegations and not legal conclusions.”
Rodriguez v. Gold & Silver Buyers, Inc., Civ. A. No. 4:12–CV–1831, 2013 WL 5372529 at *3 (S.D.Tex. Sept.24, 2013) (Harmon, J.).
A plaintiff may demonstrate that there is a reasonable basis for crediting the assertion that the aggrieved individuals are similarly situated for the purpose of conditional certification where one former employee files a Notice of Consent to opt in after the plaintiff files his motion for certification.
“The Court finds that [the employee] meets his burden to establish that he is similarly situated to other employees in the proposed class. In his declaration, [the employee] states that he was required to work approximately seventy-three hours per week and was paid a flat rate of $145 per day. He did not receive overtime…