Author Archives: Employment and Commerce Law Group
The DOL Changes the Rules For Tipped Employees
Under the Fair Labor Standards Act, an employer can take what is known as a “tip credit” for tipped employees. This means they can pay them an hourly rate less than the Federally proscribed minimum wage. Tipped employees must be paid…
Can my Employer Take a Tip Credit to Avoid Paying Minimum Wage or Overtime?
Employees are sometimes paid less than minimum wage when they “customarily and regularly receive more than $30 per month in tips”. These jobs include servers, delivery drivers, valets, casino dealers, etc. If certain conditions are met, this may be legal….
Am I Entitled To Overtime Pay For Time Spent in Wellness Activities or Exercise Programs Sponsored By My Employer?
The Department of Labor states “meetings, training programs and similar activities” are compensable time unless all 4 of the following factors are met: Attendance is outside of the employee’s regular working hours. Attendance is voluntary. (see below) The event is…
Qui Tam Lawsuits- Recovering Money Fraudulently Taken from the Government
Four former employees of William Beaumont Hospitals in Detroit, Michigan turned whistleblower and filed separate lawsuits under the federal civil False Claims Act. These lawsuits claim their employer made false claims in billing Medicare. These false claims included: payment for…
The Unpaid Intern and the Music Industry
Nashville is undoubtedly the center of the country music industry universe. It has been known as “Music City” since the early 1950s. Nashville citizens take great pride in the number of artists who live and work among us. However, the…
America’s Most Wanted - “Wage Theft” Edition
We talk a lot about “wage theft” of overtime and minimum wage pay- like here, here, and here. We have written about servers, construction workers and interns who have their money stolen by their employers. However a recent report identified the 12 employers that paid the most in legal disputes over…
Supreme Court Ruling Allows Employers to Steal from Employees
Last month the Supreme Court severely limited workers’ rights to fight employers who commit “wage theft” from their employees. It didn’t get the fanfare it should have since it didn’t involve any celebrities or the latest must-see video. However it’s…
Are Short Breaks Taken at Work For Health Reasons Compensable? What About Time Spent Traveling to and from Work?
Wage theft occurs when employers don’t pay employees everything they are owed by law. Generally, the Fair Labor Standard Act (FLSA) requires employers to pay employees for all work time. There are common issues in FLSA and some gray areas…
Discrimination Against Transgenders Illegal Says Sixth Circuit
The Sixth Circuit ruled this week federal anti-discrimination laws apply to transgender individuals in the workplace. The Sixth Circuit covers the states of Michigan, Ohio, Kentucky, and Tennessee. In the case of EEOC v. R.G. & G.R. Harris Funeral Homes,…
Why Do I Need An Employment Lawyer?
Each state has specific guidelines for employers, and navigating these laws can be tricky. Most employees don’t know whether they have a case against their employer or former employer, and find themselves questioning: Do I need an employment lawyer? Why…
