Wage & Hour Archives - Page 8 of 12 - Kollman & Saucier P.A.

Baseball Stadium Workers Not Owed Overtime

Kollman & Saucier

10/14/2016

“Take me out to the ballgame Take me out with the crowd Buy me some peanuts and Cracker Jacks I don’t care if I never get back…” Since 1908 (incidentally, the last year a certain Chicago team won the World Series), baseball fans have regularly sung this anthem as part of the stadium experience. What nobody could have anticipated at the time, however, was how to treat the employees who sell those peanuts, Cracker Jacks, and team-related...

Kollman & Saucier

09/28/2016

Agency Activity, Labor Law, Wage & Hour

Unless you are a contestant who just returned from participating in the 33rd season of Survivor: Millenials v. Gen X (yes, I still watch this show -- Every. Single. Episode.), you have undoubtedly heard about the Wells Fargo credit card scandal. Nearly 5300 employees were fired after it was uncovered that millions and millions of credit card accounts were fraudulently opened without customer permission because of intense corporate pressure to meet...

Kollman & Saucier

06/23/2016

Public Sector Employment Law, Virginia Employment Law, Wage & Hour

In a case with potentially far-reaching implications for fire departments in Virginia, Maryland, the Carolinas, and West Virginia, the United States Court of Appeals for the Fourth Circuit ruled that Fairfax County, Virginia fire captains are non-exempt employees entitled to overtime compensation. Morrison v. County of Fairfax, No. 14-2308 (June 21, 2016). The Court reversed a grant of summary judgment in favor of the County and granted summary...

Kollman & Saucier

05/27/2016

Wage & Hour

If an employer knows, or has reason to know, that an employee is working overtime, that overtime must be paid. In Craig v. Bridges Bros. Trucking LLC, No. 15-3396 (6th Cir. May 19, 2016), the Sixth Circuit concluded that a bookkeeper was able to pursue her Fair Labor Standards Act (FLSA) overtime pay claim because she presented sufficient evidence her employer should have known she was working more than 40 hours in a work week. The Sixth Circuit...

Kollman & Saucier

05/18/2016

Agency Activity, Wage & Hour

Later today, over two scoops of butter pecan, Vice President Joe Biden and United States Department of Labor Secretary Tom Perez will appear at an ice cream parlor in Ohio to announce that the DOL has issued a Final Rule that will allow more workers to qualify for overtime pay under the Fair Labor Standards Act (FLSA). The long-awaited final rule doubles the salary threshold at which a worker may qualify as exempt from receiving overtime. ...

Kollman & Saucier

04/29/2016

Wage & Hour

The United States Court of Appeals for the Fourth Circuit has ruled that casino trainees may be employees entitled to compensation under the FLSA when they are attending a pre-hire "training school" at a local community college. Harbourt v. PPE Casino Resorts Md. , LLC. The Court reversed a lower court decision dismissing the trainees' complaint, ruling that the facts plead in the complaint were sufficient to state a claim that the time spent in...

Kollman & Saucier

04/06/2016

Class Actions, Supreme Court Decisions, Wage & Hour

Class-action lawsuits are typically viewed as high-risk, high-reward endeavors. In its recent decision in Tyson Foods, Inc. v. Bouaphakeo, the Supreme Court pointed out both sides of this double-edged sword in the context of a unpaid overtime claim under the Fair Labor Standards Act (FLSA). 577 U.S. ___ (2016). Federal Rule 23 permits parties to bring lawsuits as a class of people, rather than as individuals, if certain requirements are met. ...

Kollman & Saucier

01/31/2016

Employment Discrimination, Pregnancy Discrimination, Wage & Hour

This past week, the United States Court of Appeals for the Fifth Circuit held that a pregnant employee who worked unauthorized overtime and was terminated two months after announcing her pregnancy could not prevail on claims brought under federal employment laws. Fairchild v. All American Check Cashing, Inc., No. 15-60190 (1/27/16). Because the plaintiff could not show that her employer had knowledge of the overtime work, or that her employer’s...

Kollman & Saucier

01/22/2016

Agency Activity, Employer Liability, Joint Employer, Wage & Hour

Earlier this week, the Wage and Hour Division (WHD) of the Department of Labor issued an Administrator's Interpretation No. 2016-01 (AI) on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant Seasonal Agricultural Worker Protection Act (MSPA). The guidance reconfirms existing WHD policy, which identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance....

Kollman & Saucier

12/30/2015

Wage & Hour

Santa did not bring GEICO the gift it was hoping for this Christmas. On December 23, the Fourth Circuit issued its decision in Calderon v. GEICO Gen. Ins. Co., No. 14-2111, deciding that the insurance company’s fraud investigators perform non-exempt work under the Fair Labor Standards Act and, therefore, are entitled to overtime pay. The FLSA requires that employers pay overtime for each hour an employee works beyond 40 in a week. An employee...

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Baseball Stadium Workers Not Owed Overtime

Wells Fargo: Together We'll Go Far... Into The Abyss of Audit Hell

Fourth Circuit Finds Fire Captains Eligible for Overtime

Employer Cannot Avoid Overtime Obligations By Playing Ostrich

DOL Issues Final Rule Doubling the Salary Threshold for Overtime Exemption

Deal Me In: Appellate Court Rules That Casino Trainees May Be Employees

Tyson Foods Loses FLSA Class Action, But May Be Able to Carve Up Damages Award

Check Casher Fails to Cash in on Overtime and Discrimination Claims

More On Joint Employer Status From The Department Of Labor

No FLSA Overtime Exemption for GEICO Fraud Investigators

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Category: Wage & Hour

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