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Wages & Hours

If you hire illegal workers, better pay them

11/10/2008

An employee is an employee, regardless of his or her right to be present in the United States and work here. Thus, even illegal immigrants who were hourly employees can sue for back pay if their employers didn’t pay at least minimum wage and overtime.

Sterling Jewelers faces EEOC class-action discrimination suit

11/10/2008

Eight women from the Tampa Bay area have joined an EEOC class-action lawsuit against Sterling Jewelers, owner of Jared, Kay Jewelers and Marks & Morgan stores. The lawsuit alleges that Sterling pays women in retail sales positions less than men and denies them promotions …

Stop class-action train wrecks! Let local offices set salaries and raises

11/07/2008

The worst-case scenario for a large company with operations in many locations: A class-action lawsuit alleging discrimination against an entire class of employees. One way to discourage such massive lawsuits is to let managers at separate locations keep substantial control over setting salaries and raises.

Associated Supermarket execs charged with wage violations

11/07/2008

Two Brooklyn grocers have been charged with underpaying workers by more than $300,000 and falsifying business records. Bienvenido Nuñez, president of the Associated Supermarket in Bushwick, and Martin Duran, vice president, allegedly paid no wages to baggers, who worked for tips …

Class-action suit alleges gender bias at Sterling Jewelers

11/07/2008

The EEOC has filed a class-action gender discrimination lawsuit against Sterling Jewelers in U.S. District Court for the Western District of New York in Buffalo.

Beware FLSA peril: Constantly changing schedules and pay may destroy exempt status

11/06/2008

Employees who are classified as exempt under the FLSA can be paid on a salary basis and must work as many hours as necessary to get the work done. However, some employers make such frequent changes to the salary levels of exempt employees that it can almost seem as if the employees are being paid on an hourly basis. When that happens, the employer loses the right to skip paying overtime.

Did Denver International snowplowers pull a snow job?

11/06/2008

A report released by Denver Auditor Dennis Gallagher in October accused employees in the Denver International Airport’s (DIA) Snow Operation Support Program of willfully collecting nearly $7,000 in unearned overtime pay.

Constructive discharge a tough sell after you ask to be fired

11/06/2008

Mary Barone had worked for United Airlines since 1995. In 2005, she was promoted to manager of business process administration in Denver. Eventually, Barone sued for discrimination and retaliation, alleging constructive discharge—essentially that she had no choice but to resign.

Is paying a daily wage risky?

11/06/2008

Q. In our industry, there is a historical practice to pay field workers a daily wage, which compensates them for all hours worked. Now we understand that class actions are being used in the wage-and-hour area to fight such practices. Is this practice a good idea in light of class-action suits?

Employee or independent contractor? It matters for FLSA

11/04/2008

True independent contractors aren’t covered by the Fair Labor Standards Act (FLSA). Employees are. But sometimes it’s hard to tell who is a true independent contractor and who isn’t.