Category Archives: Employment Law
Court Upholds Authority of DOL to Set Salary Thresholds for FLSA Overtime Exemptions
On November 15, 2024, the Eastern District of Texas nullified the Department of Labor’s (DOL) 2024 rule that raised the salary thresholds for the Fair Labor Standards Act (FLSA) exemptions. According to the court, the DOL exceeded its authority by emphasizing salary levels over job duties. This potentially displaced the duties-based exemption analysis required… Read More »
Can I File an FLSA Lawsuit Against My Employer?
The Fair Labor Standards Act (FLSA) requires covered employers to pay a time-and-a-half rate to workers who work more than 40 hours per week so long as the employee doesn’t qualify for an exemption. However, just because an employer labels an employee as exempt, it doesn’t mean that the employee isn’t entitled to overtime… Read More »
Former Server Sues Restaurant Over Wage and Hour Violations
A former Mulligan’s Beach House Bar and Grill server is suing the restaurant that they work for over unpaid wages in a case that could have widespread implications for restaurant workers throughout Florida. The 36-year-old plaintiff waited tables at the popular beachfront restaurant from 2018 to January 2024. He has since moved to Fort… Read More »
Merrill Lynch to Pay $4.9M to Settle Claims They Failed to Pay Salaried Advisors Overtime Pay
Merrill Lynch is set to pay $4.9 million to settle allegations from a class of current and former salaried advisors who said they were wrongfully denied overtime pay according to court filings. A Florida State judge signed off on the settlement which will be distributed to so-called financial solutions advisors or FSAs who worked… Read More »
Target Accused of Understaffing, Denying Overtime to Assistant Managers
A Target in Minneapolis is facing a lawsuit alleging that the company misclassified some of its employees and failed to pay overtime wages. The lawsuit, which was filed in federal court on Monday, features four assistant store managers known as executive team leaders. According to the complaint, the company violated state and federal labor… Read More »
Federal Court Awards $35.8M in Back Wages Against Pennsylvania Healthcare Employers
According to the Department of Labor, this is one of the largest wage recovery judgments in history. A Pennsylvania federal court awarded $35.8 million in overtime back wages and liquidated damages to 6,000 current and former workers employed by the operators of 15 residential skilled nursing, rehabilitation, and assisted living facilities in western Pennsylvania… Read More »
Miami Bar Accused of Taking Tips from Tipped Employees While Claiming Tip Credit
The former bar staff at Doral’s Shoma Bazaar are accusing their bosses of underpaying them by $225,451 by dipping into their tips while paying them under the minimum wage. That’s according to a lawsuit filed in Miami federal court by 11 employees against Shoma Group, LLC. If the plaintiff’s claims are accurate, that works… Read More »
Ex-Employee Sues SeaWorld for Unpaid Overtime
A retired SeaWorld employee has filed an FLSA lawsuit in federal court accusing the theme park of not paying employees overtime for working on their lunch breaks and before their shifts to cut labor expenses. The plaintiff filed the lawsuit seeking class-action status in the U.S. District Court’s Orlando division. The plaintiff is suing… Read More »
Supreme Court to Weigh in on Legal Test for FLSA Exemptions
The U.S. Supreme Court recently took up a wage and hour case, E.M.D. Sales, Inc. v. Carrera, to clarify a split decision regarding the standard of proof that employers must meet to show that specific employees are exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). The FLSA… Read More »
Do Workers Have to be Paid to Boot Up Computers? Question Goes Before the Ninth Circuit
Does the FLSA require employers to pay workers to boot up and shut down their computers? While the question may sound ridiculous, it’s at the center of a long-running FLSA dispute that the Ninth Circuit Court of Appeals heard for the second time. In this article, we’ll talk a bit about the case and… Read More »