Employment Blog

Topic: Wage Violations

What are the Legitimate Exceptions to Oregon Minimum Wage Laws?

Oregon has recently raised the minimum wage for employees. Governor Brown signed into law an increase in Oregon minimum wage on March 2, 2016, and the law came into effect on July 1, 2016. According to the new Oregon minimum wage law, minimum wages vary according to the area of business operating within the state. The employers that are situated within an urban growth margin of a specific metropolitan service

Read More »

Healthcare Non-Profit Settles Wage Theft Lawsuit

A healthcare non-profit in Springfield, Missouri under fire from federal authorities amid allegations of bribery and kickbacks to Arkansas lawmakers. At the same time that Preferred Family Healthcare was lavishing Arkansas legislators with massive amounts of money, the company was refusing to pay its employees overtime wages. According to the lawsuit filed by Frances Smith, Preferred Family Healthcare (PFC) neglected to pay her overtime regardless of how many hours she

Read More »

Child Labor, Part Two

As mentioned in a previous post, with the schools out on summer vacation, many students are looking for summer jobs. At the same time, a number of employers looking to hire young people for positions because young workers tend to require less pay and there is no long-term commitment when hiring what amount to seasonal workers. While it is generally encouraged to hire young people so that they can gain

Read More »

Are There Legitimate Exceptions to Oregon Minimum Wage Laws?

The Muller case established the principles of equal and fair pay in the courts, including minimum wages in Oregon. There are a number of exceptions to the minimum wage laws in Oregon. The first is known as the executive exemption. Under these rules, those who are in executive positions do not fall within the listed occupations for the minimum wage laws. The main reason for this is that it is

Read More »

Child Labor

School is out and people are spending time this summer doing other things. For many students, this means looking for a summer job. It allows them to earn extra money while spending their time productively. A number of seasonal businesses, like ice cream stores that bulk up staff during the summer, are all potential landing spots for students. Many of these students are minors. Consequently, child labor laws kick in

Read More »

Labor Unions

Current labor laws, both from state and federal levels, were enacted to provide employees with rights while working for an employer. Specifically, labor laws clarify certain employer obligations to employees. These laws are codified under both state and federal codes and those laws are used to enforce rules and settle disputes. These laws can be traced to the post-Civil War and Industrial Revolution eras wherein growing labor unrest led to

Read More »

Former Broker Alleging Gender Discrimination in Merrill Lynch Fallout

Betsy Whipple, a former Merrill Lynch stockbroker, levied a blistering complaint against the brokerage firm last month. Whipple, who originally worked for Morgan Stanley, boasted a book of business worth over $20 million. The complaint accuses Merrill Lynch of gender discrimination but lists a number of other complaints that range from theft of services to breach of contract. When Whipple began at Merrill Lynch, the firm miscoded her commission at

Read More »

Chipotle Accused of Wage Theft in Massive Class Action

It is estimated that employers steal billions of dollars from their employees in unpaid wages every year in the US. While it certainly keeps the employment lawyers at HKM very busy with wage claims, it is unfortunate that American workers have to go through the legal system in order to get what is entitled to them under US law, contractual agreement, and basic business ethics. It is especially difficult for

Read More »

Haagen Dazs, Anyone?

The current economic and political climate creates many challenges for Washington state-area farms. In many ways, these challenges are unprecedented. The economic climate of law unemployment means that Washington growers will likely have to pay higher wages or at least better conditions for workers, who are largely migrant workers who head north during the busy season. At the same time, political winds send the message to immigrants that the status

Read More »

Nevada Supreme Court Decision Allows Employees to Sue for Wage Violations

In December of 2017, the Supreme Court of Nevada ruled that employees were entitled to file private suits against employers for unrecovered wages or other wage violations. Beforehand, employees were forced to file claims with the Nevada Labor Commissioner. The law, in effect, did not state that employees were expressly prohibited from filing claims in civil court, nor that they had any explicit right to do so. The decision came

Read More »

Domino’s Delivers Settlement To Its Delivery Personnel

In a recent New York Times article, a Domino’s franchise settled its lawsuit with its bicycle delivery employees for $1.28 million. The settlement will split the money among 61 delivery employees, based on time they were employed at any one of the franchise’s four locations. However, whether the employees will see most, if any, of that settlement money will depend on what money is available once the franchise’s bankruptcy is

Read More »

Mario Batali To Pay $5.25 Million for Skimming Workers Tips

The New York Daily News recently reported on a potential settlement against Mario Batali and his business partner. Batali is likely to pay a significant portion of the $5.25 million settlement amount to 1,100 employees, from captains to bartenders to busboys, working in eight of his New York restaurants. Those working for Batali from mid-2004 until February of this year will be eligible to receive settlement money, if the settlement

Read More »

Mario Batali Pays Big for Tip Skimming

Mario Batali is a celebrity chef and restaurateur who owns successful eateries across the United States. Batali has previously made headlines for criticizing the way bankers take money from the people and pocket it for themselves. Somewhat ironically, Batali is now under fire for taking money away from his own employees. The chef and his business partner, Joseph Bastianich, have agreed to pay a settlement of $5.25 million to dollars

Read More »

Corporate Lobbyist Fights Against Workers

In 2013, a few state and local governments passed important pro-worker bills. Two states voted to raise the minimum wage, while Portland, Oregon and New York City passed laws that require employers to provide earned paid sick leave. While American workers may applaud these actions, they are likely not aware that more states considered passing such bills, but were effectively blocked by the efforts of the food industry’s corporate lobbyist,

Read More »

Federal Minimum Wage Protections Extended to Home Care Workers

With an aging population, the home care industry is rapidly growing in the United States, yet many of its employees’ wages are not currently protected under federal law. More specifically, home care employers are not required to pay home care workers minimum wage or overtime. The Fair Labor Standards Act (FLSA) established federally mandated minimum wage and overtime laws in 1974, but under those laws home care workers were exempt.

Read More »

EEOC Uses Wage and Hour Laws to Combat Human Trafficking

Human trafficking is a term for a person or group holding another person for compelled service. Related common terms include involuntary servitude and forced labor. Human trafficking is a serious problem in almost every country in the world and the United States is no exception. The Trafficking in Persons Report of 2011 published by the Department of State indicates that the U.S. is a source, transit, and destination country for

Read More »

Gawker Media Sued by Interns for FLSA Violations

The economic downturn of recent years has led to an increase in the number of unpaid internships being offered. Employers are certainly happy to have additional unpaid help, and students and other job-seekers find these positions desirable in order to add additional experience to their resumes. While at first glance unpaid internships may seem like a win-win for everyone involved, several recent cases have highlighted how employers can take advantage

Read More »