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Unpaid Wages Archives

Should employers use arbitration agreements?

There remains confusion regarding whether employers should have mandatory arbitration clauses in employment contracts. On its face, arbitration agreements seem to be a win for employers. It allows employers to avoid costly class-action lawsuits from employees filing wage and hour claims. Instead, employees agree to resolve complaints individually through arbitration. Last month, the Supreme Court found that arbitration agreements did not violate federal law.

Case Update: Dairy Drivers Settle Overtime Lawsuit

Here is an update on another case we've been following, which we originally wrote about nearly a year ago in a post entitled The power of punctuation: Commas, business contracts and the law. In March 2017, the First Circuit Court of Appeals ruled that a group of dairy drivers were non-exempt employees entitled to overtime pay based on the omission of an Oxford comma from the state's wage and hour statute. Last Thursday, the parties agreed to settle the case for $5 million, pending Court approval, and the Maine legislature has revised the statute to include semicolons, which will likely make these drivers exempt from overtime going forward.

State Street Corp. to pay $5 million in wage discrimination case

The State Street Corp., a financial services organization, commissioned the famous "Fearless Girl" statue on Wall Street to promote female involvement in corporate leadership. Now, that same organization has agreed to pay women and African-American executives $5 million after the Department of Labor found that it had systematically underpaid them. State Street denies any wrongdoing.

DOL: Company failed to include everything in overtime calculation

The U.S. Department of Labor Wage and Hour Division has obtained $165,379 in back wages and damages from a regional health care management company on behalf of 594 workers whose overtime rates were improperly calculated.

New Yorkers have protections when reporting wage theft and other violations of the FLSA

Getting and keeping a good job is not always easy. That is why employees are often reluctant to come forward with information about their employers' unlawful business practices.

Undocumented workers have labor protections

There is a lot on the minds of undocumented immigrants in the U.S these days. On Wednesday, January 25, 2017, President Trump signed far-reaching executive orders on immigration designed to curb unauthorized entry into the U.S. and strengthen enforcement on "illegals" currently in the country.

21 states and the US Chamber of Commerce fight new federal overtime rule

Led by Texas and Nevada, 21 states and the U.S. Chamber of Commerce are challenging the Department of Labor's new overtime rule scheduled to take effect on December 1. Created at the urging of the Obama administration, the DOL regulation raises the overtime floor for salaried employees from $23,660 to $47,476, meaning that all employees earning less than the overtime threshold (which will cover approximately 4.2 million workers previously exempt from earning overtime) will be eligible to receive overtime pay. The rule also sets guidelines that would help clarify which employees qualify for an exemption to overtime rules under the Fair Labor Standards Act (FLSA) and provides for automatic increases to the salary threshold every three years.

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