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Most Employers Don’t Comply with Wage & Hour Laws

By |2007-09-14T07:00:00+00:00September 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 |2007-09-05T14:34:32+00:00September 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 |2007-06-04T09:47:46+00:00June 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 [...]

Double Shifts, Double Companies, No Overtime Pay May Equal Double Trouble

By |2007-05-17T16:03:45+00:00May 17th, 2007|Categories: Wage & Hour|

If the allegations of a recently filed class action complaint are true, defense contractor Michael Bianco, Inc. of New Bedford, MA, got too cute in its effort to avoid paying overtime wages to its workers. The Boston Herald reports that about 500 workers, many of them illegal immigrants, are members of the class. The lawsuit alleges that Bianco created [...]

Pay Issues Again

By |2007-03-26T15:35:20+00:00March 26th, 2007|Categories: Wage & Hour|

The news today brings word of two cases that address an employer's obligation to pay wages and overtime in accordance with the law, but in much different contexts.  First, a federal judge in Idaho recently approved a settlement between a class of plaintiffs and Albertson's LLC, which owns the Supervalu chain of supermarkets.  An early report [...]

Wal-Mart Overtime Again

By |2007-01-27T09:54:38+00:00January 27th, 2007|Categories: Wage & Hour|

You seemingly can't look at the business news any more without finding a story about Wal-Mart's overtime wage payment problems.  Here's another one.  This time they turned themselves in, to the tune of about $33 million owed to about 87,000 employees. Even so, it sounds like they may have dodged a larger potential liability.  No fines or penalties [...]

Wal-Mart’s Wage & Hour Problems Continue

By |2007-01-10T08:53:33+00:00January 10th, 2007|Categories: Wage & Hour|

Wal-Mart just got potentially bad news from the New Jersey Supreme Court.  The nation's largest employer is the target of lawsuits around the country that claim that Wal-Mart engaged in a variety of unlawful employment practices, including intentionally depriving its associates (that's "employees" to the rest of us) of required rest breaks.  The purpose, say the employees, was [...]

Overtime Pay for Pharmaceutical Sales Reps?

By |2007-01-04T15:01:15+00:00January 4th, 2007|Categories: Wage & Hour|

Here's another reminder of how careful businesses must be when determining which of their employees must be paid overtime.  This time it's pharmaceutical sales representatives who are claiming entitlement to overtime, as reported here.  As the article makes clear, New Jersey, of course, is "pharma central," so this is an issue that could affect many [...]

5 FLSA Danger Areas for Employers

By |2006-09-13T11:42:19+00:00September 13th, 2006|Categories: Wage & Hour|

We recently came across a good article listing the "top 5" mistakes that employers make under the recently revised Fair Labor Standards Act. Given the complexity of the statute, these may or may not actually be the top 5, but they are indisputably problem areas. 1. Believing salaried employees are automatically exempt from overtime. 2. [...]

Vacation Time. Vacation Time?

By |2006-06-22T11:12:29+00:00June 22nd, 2006|Categories: Wage & Hour|

Yesterday was the first official day of Summer. Today my daughter graduates from high school. No doubt about it --- it is vacation time. Which brings to mind a common question in severance negotiations. What obligation does an employer have to pay a terminating employee for accrued but unused vacation time? (What constitutes "accrued" vacation [...]

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