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 [...]
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 [...]
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 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 [...]
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 [...]
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. [...]
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 [...]
Three former mortgage brokers for Washngton Mutual, the country's third largest mortgage lender, have filed a class action lawsuit claiming that they were unlawfully denied overtime pay. Here's the link to an early report. This development follows the recent settlement of similar charges against stock brokerage companies.