In a recent ruling, E.M.D. Sales, Inc. v. Carrera, the US Supreme Court held that a “preponderance of the evidence” is the appropriate legal standard to determine if an employee is exempt under the Fair Labor Standards Act (FLSA). This is compared to the standard the respondent advanced, which is the much more stringent “clear and convincing evidence” standard. This means that it may be much harder for employees to prove they should be entitled to overtime pay. Continue reading “USSC Holds “Preponderance” Standard in FLSA Case”
Category: On-the-Job Issues
On-the-Job Issues explained by New York Employment Lawyer Steven Mitchell Sack
Seven Ways Employers May Engage in Wage Theft
Wage theft is the broad term for when employers refuse to pay employees what they are legally owed for their work. This is a disturbingly common problem, resulting in billions of dollars in losses to employees who are denied their rightly earned wages and benefits. Here are seven ways employers may engage in wage theft:
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What is Retaliation in the Context of Employment Law?
While laws like Title VII of the Civil Rights Act (Title VII) and the Americans with Disabilities Act (ADA) protect Americans from facing discrimination in the workplace, they also protect people from retaliation from their employers. Notably, this protection extends to all employees, not merely those who were originally discriminated against. But what exactly is retaliation in the context of employment law, and how might it affect you?
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What is Employee Misclassification, and Why Does it Happen?
Employee misclassification is a surprisingly common problem that employees face in every industry and at every income level. When it happens, it can cost employees a significant amount of money and place them in otherwise avoidable legal peril. But what exactly is employee misclassification, and why might it happen to you?
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NY Legislature Passes Retail Worker Safety Act (RWSA)
The New York State Legislature has recently passed the Retail Worker Safety Act, also known as the RWSA. This new law is meant to address the growing problem of workplace violence and harassment, particularly against retail employees, who are at increasing risk of being injured by angry customers. Among other things, it would require employers to implement standards and training to reduce the risk of harm to employees.
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$12 Million Settlement in PNC Bank Labor Suit
PNC Bank has agreed to pay $12 million to settle a class action lawsuit by its mortgage loan officers arising from a series of alleged labor violations. Among these, the bank was accused of failing to account for loan officers’ breaks for their compensation, and that it improperly took deductions from their salary, causing them to make less than they were legally entitled to. While PNC argued that its compensation scheme was fair, it ultimately settled after losing on a partial motion for summary judgment.
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Tesla Faces Class Action Lawsuit Over Labor Violations
Tesla, the major car manufacturer, has been accused of a number of labor violations by its employees, and is facing a class action suit related to the laws it allegedly broke. These violations supposedly include instituting an illegal quota system, forcing employees to work through breaks, and failing to pay employees their wages. In total, the suit is asking for $5 million in damages to compensate employees for the various violations committed by the company.
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Security Screenings Are Not Work, Argues Amazon
In a case before the Second Circuit Court of Appeals, Amazon has argued that mandatory security screenings after employee shifts should not be considered work. This is an argument being made after an appeal of a Connecticut federal court ruling that went in Amazon’s favor. This critical issue could substantially affect how employees are compensated according to the National Labor Relations Act (NLRA) and other related legislation.
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EEOC Seeks Enforcement of PWFA and PUMP Act
The Equal Employment Opportunity Commission (EEOC) has been stepping up enforcement of the Pregnant Workers Fairness Act (PWFA) and the PUMP Act, which enacted federal protections of pregnant women. This has been seen in a handful of cases with employers paying out settlements due to alleged pregnancy discrimination. This could be a sign of employers potentially facing increased liability as the EEOC dedicates more resources towards enforcing the PWFA and PUMP Act. Continue reading “EEOC Seeks Enforcement of PWFA and PUMP Act”
Law Firm Accused of Age Discrimination Against IT Workers
A major law firm has been accused of engaging in unlawful age discrimination by two former information technology (IT) workers in a new lawsuit filed in Illinois federal court. The suit alleges that they were forced out of their positions in favor of younger workers despite the ability and willingness to continue in their roles. They are seeking justice for the harm done to their careers as a result of losing their jobs, as well as lost wages and other compensation. Continue reading “Law Firm Accused of Age Discrimination Against IT Workers”
