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Minimum Wage Lawsuit Filed Against Amazon

A new wage and hour lawsuit has just been filed against Amazon.com following the launch of it’s instant delivery system – Prime Now. Prime Now offers “instant delivery” – offering shoppers the option to request the delivery of thousands of items within one-to-two hours. The lawsuit alleges numerous violations, including failing to pay overtime, failing to provide breaks, and failing to pay minimum wage. The workers also assert that Amazon wrongly classified them as independent contractors when they were effectively employees. Although the Amazon Prime Now drivers were hired by…
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Minimum Wage Increases Gaining Traction

The fight for an increased minimum wage is getting increased traction, with cities on both coasts taking action to raise the wage to $15/hour. In New York, the state has announced that all fast food workers’ wages should be raised to $15 from its current minimum wage of $8.75/hour. Similarly, the University of California has announced that its employees will be paid $15/hour. The U of California system is the first public university to make such a commitment. Other cities are also following suit such as Los Angles, Seattle and…
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Movement To Increase Minimum Wage Gaining Steam Across the Country

The Fair Labor Standards Act (FLSA) applies to nearly all workers in the United States and provides certain basic protections and guidelines. Among these are the guarantee that workers earn at least minimum wage and that all non-exempt employees earn overtime compensation at a rate of one and one –half times their standard rate of pay for all hours worked in excess of 40 in any workweek. However, workers who are exempt are not entitled to earn overtime pay regardless of the number of hours worked. Currently the federal minimum…
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Cheerleaders Settle Wage and Hour Lawsuit

The Tampa Bay Buccaneers have agreed to settle a class action wage and hour lawsuit filed by it cheerleaders. The 94 former and current cheerleaders have alleged that the football program failed to pay the cheerleaders minimum wage, and that they were required to work unpaid hours including practice time, posing for calendars, charities and clinics. The Buccaneer’s own website provided that the cheerleaders were “consistently busy rehearsing, performing and volunteering for community events and appearances.” Pursuant to the Fair Labor Standards Act (“FLSA”) – which covers most employees in…
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When Must An Intern Be Paid?

Several recent lawsuits are raising questions about interns and when they must be paid as employees pursuant to the Fair Labor Standards Act (FLSA). The FLSA provides that all workers must be compensated for their work – earning at least minimum wage and for non-exempt workers, overtime pay at a rate of one and one-half times their standard hourly wage for all time worked in excess of forty hours in any one work week. However, a very narrow set of circumstances allows employers to avoid paying some workers such as…
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Wage Theft Continues To Plague Workers

A recent article underscored the prevalence of wage theft – the failure of employers to pay workers the amount of wages they are entitled to. Addressing “wage theft” can be hard, workers often fear retaliation if they complain about missing wages or believe that they have not been paid all the compensation they rightfully deserve. Many are scared and fear termination – some companies threaten to fire employees or even to force deportation of undocumented workers. However, the Fair Labor Standards Act (FLSA) protects workers from retaliation and wage violations.…
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Wage and Hour Lawsuits More Prevalent in 2014

As the push for minimum wage increases continue, so too do wage and hour lawsuits. While McDonalds CEO Don Thompson has brought light to the issue of low wages, stating the he would support a bill increasing the minimum wage to $10.10, low pay and wage theft remains a significant problem. Currently the Fair Labor Standards Act (FLSA) provides certain provisions protecting workers including minimum wage and overtime compensation requirements. The current minimum wage is set at $7.25/hour, and although some states have higher requirements, such rate is far too…
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NCAA Sued For Wage Violations

A new wage and hour lawsuit has been filed against the NCAA asserting violations of the Fair Labor Standard’s Act (FLSA) minimum wage provision. The lawsuit, which was filed in the U.S. District Court in Indianapolis by a former soccer player, alleges that student athletes should be considered “temporary employees” of Division I schools, similar to work-study participants. Based on this theory, athletes are entitled to be paid as much – if not more than – other work-study participants. The FLSA provides that all workers are entitled to be paid…
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Employee or Volunteer?

The Fair Labor Standards Act (FLSA) protects employees in several different ways such as providing that workers be paid minimum wage and non-exempt employees be paid overtime at a rate of one and one-half times their standard rate of pay for each hour worked in excess of 40 in any one work week. However, receiving these protections generally requires that you be an “employee” and not an independent contractor or volunteer. If you have any wage and hours questions, or are concerned that you are not receiving the pay you…
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President Obama Seeks To Amend FLSA

President Barack Obama has just released a Presidential Memorandum directing the Secretary of Labor to “propose revisions to modernize and streamline the existing overtime regulations” aimed at revising the federal Fair Labor Standards Act (“FLSA”). The FLSA, enacted in 1938 was designed to provide workers necessary labor protections such as minimum wage and overtime pay. Currently, the FLSA requires that workers earn at least the federal minimum wage of $7.35/hour, although some states have a higher minimum level. The FLSA also requires that all non-exempt workers be paid overtime compensation…