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Are Insurance Agents Employees or Independent Contractors

By | June 26th, 2009|Categories: Wage & Hour|Tags: , , , |

A recurring problem in wage and hour law is trying to distinguish between employees, who are are protected by the law, and independent contractors, who are not.  The issue has arisen again, this time in the form of a class action filed in California against Northwestern Mutual Insurance.  As reported by the National Law Journal, [...]

Holiday Overtime

By | January 14th, 2009|Categories: Wage & Hour|Tags: , , |

A  question recently sent to us asks why the writer was unable to get his employer to pay for "overtime" worked on Christmas and New Year's Day.  As a point of general information, the right to overtime arises only after 40 hours are worked in one week.  If the time spent working on holidays does [...]

3rd Circuit Prohibits Private Suits for FICA Overpayments

By | October 1st, 2008|Categories: Employment Law News, Wage & Hour|Tags: , , , |

Our friends at the Adjunct Law Prof Blog bring to our attention an important employment tax decision from the US Court of Appeals for the 3rd Circuit.  The case deals with an employee's attempt to recover an alleged overpayment of FICA tax from her employer.  The case is Umland v. PLANCO Financial Services. Here's the short [...]

FedEx Independent Contractor Litigation

By | April 16th, 2008|Categories: Employment Law News, Wage & Hour|

We've posted before on a burgeoning issue of employment law --- so-called independent contractor litigation.  In essence, the cases claim that in some circumstances workers are treated by their employers as independent contractors are in fact employees of the company.  The issue is not just a matter of definition, but has important consequences in the real world [...]

Radio Shack Overtime Settlement: Wage Issues Continue to Plague Business

By | November 20th, 2007|Categories: Wage & Hour|

Radio Shack is the latest big company to get caught in the web of federal and state overtime regulations.  The Dallas Morning News reports that Radio Shack has just concluded a settlement with a class of plaintiffs consisting of about 4,000 Radio Shack store managers.  The settlement calls for payment of $8.8 million to the [...]

Wage & Hour – The Way Things Are

By | September 28th, 2007|Categories: Wage & Hour|

Here's an article from Business Week, via MSNBC, that neatly explains how huge amounts of money are changing hands in wage and hour litigation brought under the Fair Labor Standards Act and coordinate state laws.   Whether you are with a business that wants to avoid wage problems, or are an employee with a wage problem, this article is well [...]

Most Employers Don’t Comply with Wage & Hour Laws

By | September 14th, 2007|Categories: Wage & Hour|

According to a recent report, up to 80% of all employers fail to comply with federal and state wage and hour law requirements.  That's a startling number but one worth noting.  There's substantial legal risk to employers, including the risk of class actions, from these violations, which often are easy to prove.  Employers of all [...]

Ledbetter Decision Turns Political

By | September 5th, 2007|Categories: Employment Law News, Wage & Hour|

The US Supreme Court's controversial decision in the Ledbetter case, which we have previously  posted on several times, is still stirring controversy among the political class.   The Washington Post cites recent Ledbetter developments as proof that the Court is turning too far to the right.  Whether true or not, the highly technical Ledbetter decision is making lots of waves [...]

NJ Supreme Court Allows Class Action Against Wal-Mart

By | June 4th, 2007|Categories: Employment Law News, Wage & Hour|

An editorial in this morning's Newark Star-Ledger applauds "a little-noticed decision last week by the state Supreme Court that allows 72,000 current and former New Jersey employees to bring a class-action lawsuit against Wal-Mart."  The decision in Iliadis v. Wal-Mart may not have attracted much notice from the public at large, but it is just a few days [...]

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