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fairlabor-legal.com 31 articles

fair labor standards act (flsa)

federal appeals court upholds $35.6 million judgment against family dollar

A federal appeals court on Tuesday upheld a $35.6 million judgment against Family Dollar Stores Inc. originally handed down by a Tuscaloosa, Ala., federal jury in 2006. The jury said the company violated the Fair Labor Standards Act (FLSA) by wrongly classifying employees as store managers in order to deny them overtime pay.

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fair labor standards act (flsa) laws guarantee overtime pay for employees who work over 40 hours a week

Fair Labor Standards Act (FLSA) laws require overtime compensation be paid (at time and one-half) for all “hours worked” over a prescribed “threshold” (typically 40 hours per week), for “nonexempt” employees. FLSA lawsuits typically seek recovery for unpaid or underpaid back wages, plus double damages (called “liquidated damages”) and attorneys’ fees.

Beasley Allen has recently filed a number of cases on behalf of employees of have been improperly denied rightful payment of overtime benefits at their job. These FLSA cases are typically filed as “collective actions” on behalf of a group of employees.

beyond flsa

In addition to the FLSA, many states have their own causes of action that mirror the protections provided under the federal scheme – in some instances the states offer greater protections. We are certainly interested in reviewing any case where an individual is routinely working in excess of 40 hours a week and has little or no discretion in many of their daily activities, or is performing the same type tasks as employees who are paid hourly.

We are also interested in reviewing cases where individuals work long hours but end up not receiving compensation for certain hours worked, or make less than the equivalent federal minimum wage for certain hours worked.

flsa claims

If you or a loved one feel you are a victim of unfair wage practices, you may be entitled to compensation for unpaid or underpaid back wages under federal FLSA guidelines.

Please contact our FLSA lawyers today by filling out the brief questionnaire, or by calling our toll free number (1-800-898-2034) for a free, no-cost, no-obligation legal evaluation of your case.

Jury orders Novartis to pay $250 million for sex discrimination

Pharmaceutical drug manufacturer Novartis must pay $3.3 million in compensatory damages and $250 million in punitive damages for systemically discriminating against thousands of female employees, a federal jury in Manhattan ruled on Wednesday. Twelve female Novartis employees filed the lawsuit, alleging they received less pay than their male counterparts, were promoted less frequently, and had to endure a hostile work environment. The women sought damages from $190 million to $285 million, calculated as two to three percent of the company’s $9.5 billion revenues it made in 2009. The jury, comprised of five women and four men, agreed, opening the door ... Read More

Wal-Mart on losing end of decision regarding sex-discrimination lawsuit

The Ninth Circuit Court of Appeals in San Francisco has opened the door for millions of women who claim retail discount giant Wal-Mart discriminated against female employees. A class-action lawsuit originally filed in 2001 claims the retailer paid its female employees less than male employees doing the same job, and gave fewer promotions to women employees. The class-action could involve more than 1 million women. According to a report by Reuters, the San Francisco court determined the lawsuit can proceed as a class action, covering claims made by women who have worked at Wal-Mart since June 2001. The news agency ... Read More

Sex discrimination class action against Wal-Mart may proceed

A federal appeals court dealt Wal-Mart a huge blow today when it ruled that the largest sex-discrimination lawsuit in U.S. history may proceed as a class action. The lawsuit, which was originally filed in 2001 by a group of six female Wal-Mart employees, could potentially affect more than 1.5 million women throughout the country, a 2001 estimate found. The plaintiffs allege that Wal-Mart, the world’s largest private employer, paid female employees less than their male coworkers, promoted females less frequently than men, and made them wait longer for promotions than men when they were given the opportunity to move up. ... Read More

Northwestern Mutual reps sue company for FLSA violations

Three former Northwestern Mutual Life Insurance Company employees who filed a $200-million class-action lawsuit against the company claim they were deprived of minimum wages and overtime pay. The plaintiffs filed the lawsuit in federal court in San Diego, alleging Northwest Mutual misclassified them and hundreds of other employees as independent contractors to save money. Milwaukee-based Northwestern Mutual denies the allegations, pointing to a similar trial it was involved in last year. In that case, a federal judge in Pennsylvania ruled in favor of Northwestern Mutual, saying it had the right to retain certain employees as independent contractors. The plaintiffs named ... Read More

New Orleans is ‘Ground Zero’ of national wage theft epidemic

Hurricane Katrina, a powerful storm surge, and a system of inadequate levies teamed up in 2005 to create an unprecedented level of disaster in the United States. In the wake that followed, New Orleans (along with many other coastal communities in Louisiana, Mississippi, and Alabama) resembled a sea of destruction. New Orleans relied heavily on day laborers to clean up, repair, and rebuild. Sadly, however, recent surveys found that 80% of the Hispanic workers had been cheated out of compensation. The rampant injustice plaguing manual laborers compelled New Orleans City Council President Arnie Fielkow to promote an ordinance that would ... Read More

New York bill to protect farm laborers stalls

The Times Union of Saratoga, New York, published an editorial calling attention to a bill that has stalled in the New York legislature as the state’s Senate fights over which party leads the chamber. The Farmworkers Omnibus Labor Standards Bill seeks to secure some of the most basic labor rights to migrant laborers and other agricultural workers – rights that have protected workers in other industries since the Fair Labor Standards Act established a 40-hour work week and a minimum wage more than 70 years ago. The proposed labor bill would establish a standard 8-hour work day for agricultural workers. ... Read More

Nashville workers settle FLSA complaint against employer

A Nashville car wash company has reached a settlement with three employees who claim they weren’t paid for several hours of work. The minimum-wage employees sued Shur-Brite Hi Speed Car Wash, alleging the company’s owners clocked them in and out throughout the day, depending on how busy their work shifts were. The agreed settlement for $130,000 will be distributed among 120 employees, who, like the plaintiffs, weren’t being paid for hours spent on the job. According to the Department of Labor’s Wage and Hour Division, compensable hours include all the time that an employee is required to be on the ... Read More

Teddy bear company cited for FLSA child labor violations

Build-A-Bear-Workshop Inc. is listed on Fortune’s 2009 list of the “100 Best Companies to Work for,” but the U.S. Department of Labor’s Wage and Hour Division disagrees — at least where the company’s youngest employees are concerned. The government agency cited the St. Louis-based company for violations of child labor provisions of the Fair Labor Standards Act and ordered it to pay $25,600 in civil penalties. Build-A-Bear Workshop, an international retailer with more than 400 locations worldwide, allows customers to design and create their own teddy bears. The Wage and Hour Division found that many Build-A-Bear’s Midwestern retail locations violated ... Read More

Teenager’s death leads to multiple FLSA and OSHA fines for Georgia company

The U.S. Department of Labor’s Wage and hour Division has ordered a Suwanee, Georgia-based demolition company to pay a steep penalty for violating child labor laws after a teenage employee died on the work site. The teenager, an employee of Demon Demo Inc., was working on a demolition site at Macy’s in the Gwinnett Place Mall when he fell from the third story of the building. The boy had been tossing debris off the building when he fell. The fine was the first one issued by the Wage and Hour Division under the Genetic Information Nondiscrimination Act of 2008 – ... Read More

Solis works to revamp and empower Wage and Hour Division

The Department of Labor’s Wage and Hour Division, under which the Fair Labor Standards Act came into existence in 1938 as part of a nationwide effort to protect working class citizens from corporate exploitation and abuse, may be on the mend after an long era of being little more than a bureaucratic entity. In March, Secretary of Labor Hilda L. Solis announced her intentions to revamp and empower the Wage and Hour Division, saying that she would increase the Division’s staff size by a third in an effort to “refocus the agency on [its] enforcement responsibilities.” The addition of new field investigators, ... Read More