fair labor standards act

Adam Fagen

Federal Court Says Uber Minimum Wage Lawsuit Can Go Ahead, Add More Plaintiffs

There’s been a tiny bit of progress for Uber drivers seeking “employee” status along with reimbursement of vehicle expenses and back pay. While other cases have simply settled for large cash payments, one lawsuit that could cover multiple drivers is working its way through the federal court system in North Carolina, and a judge is letting the case go forward as a conditional action under the Fair Labor Standards Act. [More]

Amazon ‘Prime Now’ Drivers In Arizona Sue Company For Misclassification, Wage Theft

Amazon ‘Prime Now’ Drivers In Arizona Sue Company For Misclassification, Wage Theft

Last year, a group of delivery drivers for Amazon’s Prime Now service who worked through third-party services sued Amazon and their employers in California. Now a group of couriers in Phoenix, Arizona are doing the same, pointing out that being required to wear Prime Now uniforms, ask customers to take Amazon surveys, and work fixed hours from an Amazon warehouse should have made them employees of the mega-e-tailer, not independent subcontractors. [More]

Just one of 18 clauses in the arbitration agreement that some dancers say they were made to sign by the Atlanta club.

Strippers Say They Were Forced To Give Up Their Right To Sue Club

If your employer does something illegal, you have the right to sue them in a court of law. But a group of strip club dancers in Atlanta say they were forced to sign away that right — or lose their jobs. [More]

Restaurant Group Behind 17 N.J. Houlihan’s Sued For Allegedly Pocketing Workers’ Tips, Not Paying Overtime

Restaurant Group Behind 17 N.J. Houlihan’s Sued For Allegedly Pocketing Workers’ Tips, Not Paying Overtime

A New Jersey company that operates 17 Houlihan’s restaurants in the state is being sued by the U.S. Department of Labor over claims that bosses were skimming tips from employees, to the tune of $40,000 that should’ve gone into tipped workers’ pockets, but instead were allegedly “unlawfully” distributed to non-tipped employees. [More]

(Ashi Fachler)

Labor Dept. Tries To Clarify When Workers Are “Employees” Or “Contractors”

Where is a business supposed to draw the line between a traditional employee and an independent contractor hired by the company? Some say it’s a question of hours worked, or whether the position is project-based, while others claim it’s whatever the company and the worker agree to call it. In an effort to clarify the matter, the U.S. Dept. of Labor has chimed in with new guidance for employers.
[More]

(SchuminWeb)

Would Expanding The White-Collar Overtime Exception Change This Walmart Manager’s Life?

You might have seen the news a few weeks ago that President Obama issued an executive order that would expand how many workers who are eligible to receive overtime pay. Under current rules, salaried workers with administrative or supervisory duties, like retail managers, are exempt from federal overtime rules as long as they earn more than $455 per week. That includes an anonymous assistant manager at Walmart who spoke to Salon’s Josh Eidelson about what that really means in his life. [More]