Wal-Mart has settled Department of Labor claims that many workers were mis-classified as exempt. Exempt workers are not paid overtime. 4500 workers were part of the suit. The settlement includes $4.8 million in unpaid overtime wages. See Workplace Prof Blog. As Workplace Prof mentions, Wal-Mart seems to always be in violation of one workplace
Child Protective Services Sued for Overtime Wage Violations
The US Department of Labor has filed suit against Child Protective Services for failure to pay overtime wages. The state actually enjoys sovereign immunity from such suits. So, if DOL does not initiate such suits, such a lawsuit might not be possible. According to the suit, CPS workers have been told to work off the
Texas Company Ordered to Pay $1.76 Million to Former Workers
A federal judge in Iowa has ordered a company based in Texas to pay $1.76 million to former mentally disabled workers at a turkey plant. The US Department of Labor was granted a partial summary judgment against Hill Country Farms doing business as Henry’s Turkey Service. Henry’s 
housed the mentally disabled men in a dilapidated
FLSA Protects Employees Who Complain Verbally About Wages
In a recent decision, the US Supreme Court ruled that the Fair Labor Standards Act does indeed provide protection for employees who complain or ask about wages orally. The federal courts have disagreed on this issue for decades. They all agreed that the FLSA protected employees who complained in writing about wages. But, several
Texas Workforce Commission Collected $4.7 Million in Unpaid Wages
It takes months for Texas Workforce Commission to complete an investigation of a wage claim. See San Antonio Express News story. TWC enforces the Texas Payday Statute and other laws. They also investigate wage claims. They receive 14,000 claims each year by workers who were not paid. But, as I have explained to many potential
Email Time is Probably Compensable Time
It was bound to happen sooner or later. A lawsuit has been filed over the employer’s requirement to check email after hours. More and more employers are issuing Blackberries and their equivalent to employees with the stated or implicit understanding that the employee check email after hours. 
Such a requirement runs right into the Fair
DOL Changes Guidance Regarding Mortgage Loan Officers
Periodically, the Department of Labor issues guidance on interpretation of the regulations and statutes regarding the Fair Labor Standards Act. The FLSA is the statute hat requires overtime pay and payment of minimum wage. The DOL has issued an opinion recently stating that it now believes mortgage loan officers are not exempt employees and are
Law Firm Sued for Wage Law Violations
One would think that law firms would follow the law. Well, sometimes, its is more the opposite. A medium sized Ohio law firm is sued for wage violations in its office. The firm pays salary to secretaries and never pays overtime. Lazzaro Law Firm in Cleveland represents some 40 secretaries in a class action law
Low Wage Workers Are Not Paid What They Earned
In a recent survey, over half of low wage workers were found to not be receiving as much pay as they have earned. According to a study by the National Employment Law Project, the average worker lost $58 per week in unpaid wages. About one-fifth of workers were not paid the prevailing minimum wage
Employers are “Encouraged” to Provide Breaks
Unlike many states, Texas has no statute or regulation addressing break periods in the work place. So, in Texas we fall under the federal regulations. Under 29 CFR Sec. 785.19 (http://www.access.gpo.gov/nara/cfr/waisidx_09/29cfr785_09.html), genuine meal periods are not work times. The employee must be completely free from performing any duties during a genuine meal