Law360 ( September 12, 2023, 4:29 PM EDT)–Hertz has been misclassifying its operation and assistant managers as overtime-exempt and cheating them out of 10 to 15 hours of overtime wages each week in a “widespread, repeated, and willful” pay scheme, a former worker alleged in a proposed collective action filed in Florida federal court.
Teva Must Face Workers’ Training Program OT Suit – June 29, 2023
Law360 (June 29, 2023 7:05 PM EDT) — Teva Phamaceuticals must face claims that it illegally denied sales workers time-and-a-half overtime during an extended training program, as a New Jersey federal judge rules it was too early to tell if workers were exempt from the New York Labor Law.
Despite progress in achieving gender equality, one issue that continues to persist in the modern workplace is the gender pay gap. Women in the United States, on average, earn less than their male counterparts for performing the same work. This article delves into the reasons behind this disparity and explores the legal measures that have been implemented to address it.
Understanding the Gender Pay Gap
The gender pay gap refers to the difference in average earnings between men and women in the workforce. Despite similar educational qualifications, experience, and skills, women tend to earn less than men in various industries and professions. According to data from the U.S. Census Bureau, women in the United States earned approximately 82 cents for every dollar earned by men in 2020. This gap is even wider for women of color and those in higher-paying positions.
Root Causes of the Gender Pay Gap
- Occupational Segregation: Women are often concentrated in industries and occupations that traditionally pay less. This occupational segregation, along with the undervaluation of feminized industries, contributes significantly to the pay gap.
- Motherhood Penalty: Women are disproportionately affected by the motherhood penalty, which refers to the negative impact on earnings and career advancement that often occurs when women have children. This penalty is driven by factors such as biases, limited access to flexible work arrangements, and inadequate parental leave policies.
- Lack of Representation in Leadership Positions: Women continue to face barriers in reaching senior leadership roles. This lack of representation not only affects their earning potential directly but also perpetuates gender disparities throughout the organization.
Legal Measures Addressing the Gender Pay Gap
Recognizing the need to address this pervasive issue, the U.S. government has implemented the following legal measures to tackle the gender pay gap:
- Equal Pay Act of 1963: This federal law prohibits gender-based wage discrimination by mandating equal pay for equal work. However, challenges remain in enforcing this law effectively.
- Title VII of the Civil Rights Act of 1964: Title VII prohibits employment discrimination based on sex, ensuring that women have equal opportunities in the workplace. It covers aspects such as hiring, promotion, and compensation.
- State and Local Laws: Many states and localities have introduced additional measures to combat the gender pay gap. For example, some have implemented salary history bans, which prevent employers from considering an applicant’s previous salary during the hiring process.
Collaborating with Seasoned Employment Lawyers
Navigating the complexities of employment law and addressing gender pay gap issues requires expertise and guidance from experienced lawyers. Seasoned lawyers specializing in employment law can provide essential support to individuals facing pay discrimination. They can assist in analyzing compensation data, identifying discriminatory practices, and pursuing legal remedies.
Shavitz Law Group
Despite advancements in gender equality, the gender pay gap remains a persistent issue in the United States. Shavitz Law Group is committed to empowering individuals and fighting for workplace equality. We understand the emotional and financial toll that pay discrimination can have on individuals and are dedicated to seeking justice on their behalf.
If you have been the victim of pay discrimination in the United States, call Shavitz Law Group at (800) 616-4000.
In its last weeks, the Trump administration adopted regulations which would make it easier for workers to be classified as independent contractors. Those regulations never took effect. Now the Biden administration has rejected them, opting instead to keep the economic realities test.
The proposed but not implemented regulations would have allowed employers to exempt themselves from minimum wage and overtime laws if their workers were considered independent contractors under a new test whose factors favored such a finding. Had it passed, more workers would not have been covered by a number of laws, simply because they would not been considered employees. Such laws would have included not only the Fair Labor Standards Act governing overtime and minimum wage, but also state laws such as workers’ compensation. These workers also would not have been eligible for many benefits, including health insurance, and could not participate in 401k plans.
The current law which will remain in effect applies a multi-factor test to determine if a worker is an employee or an independent contractor. In announcing the decision to keep the existing economic realities test, the administration emphasized that federal law favors giving the broadest interpretation possible to the definition of an employee. This approach favors workers being classified as employees, thereby entitling such workers to the protections of federal law and benefits only available to employees.
If you have questions relating to the use of company-issued email or computers, or any other employment-related matter, contact Shavitz Law Group at (800) 616-4000 or email us at [email protected].
Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ, and TX. The choice of a lawyer is an important decision and should not be based on advertisements alone.
The Fair Labor Standards Act (FLSA) is a vital piece of legislation that safeguards the rights of workers in the United States. One crucial protection offered by the FLSA is the prohibition of retaliation against employees who assert their rights to seek unpaid overtime.
Under the FLSA, employers are required to compensate eligible employees for any overtime hours worked. However, workers may have questions about how they are being paid and disputes regarding unpaid overtime can sometimes arise between employers and employees. To address this issue, the FLSA guarantees the right to seek unpaid overtime and protects employees from retaliation for asserting this right.
Retaliation can take various forms, such as termination, demotion, reduction in hours, pay cuts, or any adverse action that negatively impacts the employee’s employment status or working conditions. The FLSA’s retaliation protection covers a wide range of activities, including but not limited to filing a complaint with the Department of Labor, cooperating with an investigation, or simply requesting information about their rights from their employer. It is important to note that retaliation is illegal regardless of whether the employee’s claim for unpaid overtime is ultimately successful or not.
Employees who have faced retaliation must understand the significance of the FLSA’s protection against such actions. It empowers workers to assert their rights without fear of adverse consequences. By familiarizing themselves with the specific actions covered under anti-retaliation provision of the FLSA—such as filing a complaint, cooperating with an investigation, or seeking information, or claiming backpay for unpaid overtime within the past 3 years —employees can better protect themselves. Employees should also seek legal counsel if they believe they have experienced retaliation, as they have rights and recourse under the FLSA to ensure fair and legal treatment in the workplace.
Have you ever found yourself working off the clock? Maybe you have been asked to work through lunch or asked to stay late without getting paid for those extra hours. If this has happened to you, you are not alone. Unfortunately, many employers take advantage of their employees and ask them to work off the clock in order to save money. But there are laws in place to protect you, such as the Fair Labor Standards Act (FLSA). In this article, we will discuss how the FLSA can help you if you are working off the clock and how experienced employment attorneys at Shavitz Law Group can help you fight for your rights.
What is the Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, record keeping, and child labor standards for employees in the private sector and in federal, state, and local governments. Under the FLSA, most employees must be paid at least the federal minimum wage for all hours worked and overtime pay at a rate of not less than one and one-half times their regular rate of pay for hours worked over 40 in a workweek.
How Does the FLSA Protect You if You Are Working Off the Clock?
If you are a non-exempt employee, your employer is required to pay you for all hours worked, including any time you work off the clock. This includes time spent working before or after your shift, working through lunch, or having to participate in after hours communications or team chats outside of regular working hoursl. If your employer fails to pay you for these hours, they are violating the FLSA.
How Experienced Employment Attorneys Can Help
If you believe that your employer is violating the FLSA by failing to pay you for all hours worked, the experienced employment attorneys at Shavitz Law Group can help. Our attorneys have years of experience fighting for the rights of employees and will work tirelessly to ensure that you receive the compensation you are entitled to.
Our team will first assess your situation to determine if you have a case. If we believe that your employer is violating the FLSA, we will work with you to gather evidence and build a strong case. We will then file a complaint with the appropriate government agency and negotiate with your employer on your behalf.
Get the Compensation You Deserve
If you are working off the clock, it is important to know your rights under the Fair Labor Standards Act. If your employer is violating the FLSA by failing to pay you for all hours worked, the experienced employment attorneys at Shavitz Law Group can help. We have the knowledge, experience, and dedication to fight for your rights and ensure that you receive the compensation you are entitled to. Contact us today at (800) 616-4000 to schedule a consultation and learn more about how we can help you.
Have you ever experienced discrimination or mistreatment at your workplace? Unfortunately, there are several examples of unlawful employment practices that can impact workers’ lives. It is important to be aware of these practices and know that there are legal avenues to fight against them.
Discrimination in Hiring Practices
One example of an unlawful employment practice is discrimination in hiring. This can take various forms, such as rejecting a qualified candidate due to their race, gender, religion, age, or disability. Discrimination can also occur during the job interview process, such as asking inappropriate or discriminatory questions. If you have ever been turned down for a job despite meeting the qualifications, it is important to evaluate if discrimination played a role in the decision-making process.
Harassment and Hostile Work Environment
Another example of an unlawful employment practice is harassment or creating a hostile work environment. This can happen when an employee is subjected to offensive, unwelcome, or intimidating behavior based on their race, gender, religion, or other protected characteristic. Such behavior can include verbal abuse, physical assault, and unwanted touching. If you have ever experienced harassment or a hostile work environment, it is important to report it to your employer and seek legal advice.
Retaliation for Protected Activity
Retaliation for engaging in protected activity is another unlawful employment practice. Protected activity can include filing a complaint with a government agency, reporting illegal conduct or safety violations, or participating in a union. Employers are not allowed to take adverse actions against employees who engage in such activities. If you have ever been fired, demoted, or otherwise punished for engaging in protected activity, you may have legal options.
Unpaid Wages and Overtime
Employers are required to pay their employees the minimum wage and provide overtime pay when applicable. Failure to do so can result in wage theft and other unlawful employment practices. If you have ever worked overtime but not received the proper compensation, or if you have not been paid the minimum wage, you may be entitled to back pay.
Wrongful termination occurs when an employer fires an employee for illegal reasons, such as discrimination, retaliation, or in violation of an employment contract. If you have ever been fired without just cause, it is important to evaluate if your employer violated any laws or breached any contracts.
How Shavitz Law Group Can Help
If you have experienced any of the above unlawful employment practices, or if you have other workplace concerns, it is important to seek legal advice from experienced employment attorneys. Shavitz Law Group is dedicated to protecting workers’ rights and fighting against unlawful employment practices. We have years of experience representing clients in various employment law matters, and we are committed to obtaining the best possible results for our clients.
Shavitz Law Group can help you navigate the complex legal process and protect your rights. We can provide legal advice, represent you in negotiations and settlements, and litigate your case if necessary. We understand the emotional toll of facing workplace discrimination, harassment, retaliation, and other unlawful practices, and we will work with you every step of the way to achieve justice. Call today at (800) 616-4000.
As an employment lawyer, one of the most common questions I receive from clients is whether employees must be compensated for off the clock work required by their employer. Employees are entitled to be paid for all work performed at the direction of and for the benefit of their employer, whether on or off the clock. In this article, we will explore the issue of off the clock work in more detail and discuss how Shavitz Law Group can assist you if you are being asked to work off the clock.
The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federal law that governs minimum wage and overtime pay. Under the FLSA, non-exempt employees are entitled to overtime for every hour worked over 40 hours in a work week. If an employee is performing work-related tasks while off the clock, they are entitled to compensation for their time.
Understanding Off the Clock Work
Off the clock work refers to any work done by an employee for their employer outside of their regular working hours, for which they are not compensated. This includes responding to emails, texts, or phone calls while not at the workplace or off-shift, attending work-related meetings (virtually or in person) while you are off the clock, or performing any other work-related task.
Meal and Rest Times
A common type of off the clock work is interrupted meals or rest breaks. While employers may interrupt unpaid breaks for any reason, they must pay for the break when they do so. Thus, if an employee is taking lunch in the break room and a supervisor comes in to discuss a work-related issue, then the employer must compensate the employee for that break. If an employer automatically deducts time for meal breaks (usually 30 minutes) and interrupts an employee’s meal break, then the deduction must be adjusted so that the employee is paid for the interrupted break. Similarly, working while eating does not constitute a meal break, and if an employer requires this, then it must pay for the meal break.
Boot-Up Time and Study Time
Boot-up time refers to the amount of time it takes for an employee to start up their work computer or equipment, load the required applications, and review any necessary materials before commencing their tasks. This time is compensable. If an employer does not start tracking an employee’s time until after they perform preliminary tasks which are indispensable to the employee’s job, then the employee is owed wages for this off the clock work.,
Study time reflects the amount of time employers require employees to spend studying materials when they are off the clock. Study time most frequently occurs when an employer requires employees to undergo training and/or to matriculate through certain modules and pass certain tests.
Wage and Hour Lawsuits
If an employee believes they are entitled to compensation for off the clock work they may file suit against their employer within two or three years of the most recent violation. An employee may proceed individually to obtain the wages owed. In addition, employees may proceed collectively. This is where a group of similarly situated employees who have been denied overtime for the same off the clock violations band together to sue as a group. Either way, the employees are not responsible for attorney’s fees and costs; rather, if the employee prevails, then the employer must pay the employee’s attorney’s fees and costs.
An Experienced Employment Attorney Can Help
If you or someone you know has worked off the clock without receiving compensation, it’s essential to take action. At Shavitz Law Group, our experienced attorneys have a deep understanding of employment law and can help you navigate the legal system. We can evaluate your case and determine if you have a valid claim, and if so, we will fight tirelessly for your right to compensation. By seeking assistance from Shavitz Law Group, you can ensure that your rights as an employee are protected and that you receive the compensation you deserve for your work. Call today at (800) 616-4000.
Have you ever felt like you were being paid less than your colleagues for doing the same job? Have you ever wondered if your gender, race, or age played a role in your pay? If so, you’re not alone. Pay discrimination is a pervasive problem in the workplace, but many employees aren’t aware of their legal rights or the steps they can take to protect themselves. In this article, we’ll explore the Equal Pay Act (EPA) and what you need to know about it.
What is the Equal Pay Act?
The EPA is a federal law that prohibits pay discrimination on the basis of sex. It requires employers to pay men and women equal wages for doing equal work. The law defines “equal work” as jobs that require equal skill, effort, and responsibility and are performed under similar working conditions.
It’s important to note that the EPA only covers wage discrimination based on sex. It does not address discrimination based on race, color, religion, national origin, age, or disability. However, other federal and state laws may provide protections for these categories.
The History of the Equal Pay Act
The EPA was signed into law in 1963 as an amendment to the Fair Labor Standards Act (FLSA). The FLSA is a federal law that sets minimum wage and overtime pay requirements for employees. The EPA was a response to the widespread pay discrimination that was occurring against women in the workforce at the time. Despite the passage of the EPA, pay discrimination based on sex continues to be a problem in the United States today.
Proving Pay Discrimination
Proving pay discrimination can be difficult, but there are several factors that can help establish a case. These include:
- Job Duties: If two employees have similar job duties, they should be paid equally. However, if an employer can demonstrate that one employee has significantly more responsibilities, skills, or experience than the other, they may be able to justify paying that employee more.
- Pay History: An employee’s pay history should not be used as a basis for paying them less than their colleagues. If an employer can show that an employee’s lower pay is based on their prior experience or qualifications, they may be able to justify the discrepancy.
- Performance Evaluations: If an employee consistently receives positive performance evaluations but is still paid less than their colleagues, this may be evidence of pay discrimination.
- Gender Bias: If an employer has a history of paying male employees more than female employees for doing the same job, this may be evidence of pay discrimination.
- Industry Standards: If an employer can demonstrate that the pay discrepancy is based on industry standards, they may be able to justify paying one employee more than another.
How an Experienced Employment Attorney Can Help
If you believe you are a victim of pay discrimination, it’s important to seek the help of an experienced employment attorney. An attorney can help you:
- Understand Your Legal Rights: An attorney can explain the EPA and other laws that protect you from pay discrimination.
- Evaluate Your Case: An attorney can review your job duties, pay history, performance evaluations, and other factors to determine if you have a case.
- Gather Evidence: An attorney can help you gather the evidence you need to prove pay discrimination, such as performance evaluations, pay records, and witness statements.
- Negotiate a Settlement: An attorney can negotiate with your employer to reach a settlement that compensates you for the harm you have suffered.
- Represent You in Court: If negotiations fail, an attorney can represent you in court and fight for your rights.
Tips for Preventing Pay Discrimination
Preventing pay discrimination starts with creating a culture of fairness and transparency in the workplace. Here are some tips for employers:
- Conduct Regular Pay Audits: Employers should conduct regular audits of their pay practices to identify any disparities based on gender, race, or other protected categories.
- Train Managers: Managers should be trained on the EPA and other laws that prohibit pay discrimination. They should also be trained on how to conduct performance evaluations and make pay decisions that are free from bias.
- Establish Clear Job Descriptions: Employers should establish clear job descriptions and pay scales for each position to ensure that employees are paid based on their job duties and responsibilities.
- Encourage Salary Negotiations: Employers should encourage employees to negotiate their salaries and provide guidance on how to do so effectively.
- Create a Complaint Process: Employers should create a complaint process for employees to report any pay discrimination they experience or witness. This process should be confidential, fair, and free from retaliation.
A Serious Problem
Pay discrimination is a serious problem that can have significant consequences for employees. The Equal Pay Act is an important tool for protecting employees from pay discrimination based on sex, but proving discrimination can be difficult. If you believe you are a victim of pay discrimination, it’s important to seek the help of an experienced employment attorney like those found at Shavitz Law Group.
Employers can also take steps to prevent pay discrimination by creating a culture of fairness and transparency in the workplace. By working together, employees and employers can help ensure that everyone is paid fairly and equally for doing equal work. Remember, pay discrimination is not just an issue for women. It can affect anyone who is a member of a protected class. Know your rights, and don’t be afraid to stand up for them.
Shavitz Law Group Can Help
At Shavitz Law Group, we stand up for the rights of our clients by ensuring that their voices are heard. If you believe you may be a victim of pay discrimination based on sex, race, or age, call us today at (800) 616-4000.
Pay discrimination is a pervasive problem in the United States, and it is particularly prevalent for women, minorities, and other historically disadvantaged groups. Despite the existence of laws such as the Equal Pay Act and Title VII of the Civil Rights Act, pay discrimination continues to be a significant issue in many workplaces. In this article, we will discuss how to prove pay discrimination in the United States and provide some tips for those who believe they have been unfairly compensated.
What is Pay Discrimination?
Pay discrimination occurs when employees are paid differently for performing the same or substantially similar work based on their gender, race, age, national origin, or other protected characteristics. This type of discrimination can take various forms, such as paying women less than men for the same job or paying people of color less than white employees for the same work. Pay discrimination can also occur when employees are not given the same opportunities for training or promotion as their colleagues, resulting in lower pay over time.
Pay discrimination can have a significant impact on an individual’s career and finances, making it challenging to support themselves and their families. Therefore, it is crucial to recognize the signs of pay discrimination and take action to address it.
How to Prove Pay Discrimination
If you suspect that you are the victim of pay discrimination, there are several steps you can take to prove it. Here are some of the most effective ways to do so:
- Gather Data: The first step in proving pay discrimination is to gather data. You should collect information about your own pay and the pay of your colleagues who perform similar work. You can start by looking at your paycheck and pay stubs, as well as any performance evaluations or other documents that relate to your job duties and responsibilities. You can also talk to your colleagues to find out what they are paid.
- Compare Pay Rates: Once you have collected data about your own pay and that of your colleagues, the next step is to compare the pay rates. You can do this by looking at the hourly wage or salary for each person and determining if there are any significant differences. If there are disparities in pay, you can then consider the reasons for those differences, such as differences in education, experience, or job duties.
- Check for Discrimination: After comparing pay rates, you should determine if there is any evidence of discrimination. This can be done by looking at factors such as gender, race, age, or national origin. If you find that employees who share a protected characteristic are consistently paid less than their colleagues, it may be evidence of discrimination.
- Document Evidence: It is essential to document any evidence of pay discrimination that you find. This means keeping records of your pay, performance evaluations, job descriptions, and other relevant documents. It is also a good idea to take notes during any meetings or conversations related to your pay or performance. This documentation can be used as evidence in a discrimination lawsuit.
- File a Complaint: If you believe that you have been the victim of pay discrimination, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department. These agencies can investigate your claim and may take legal action against your employer if they find evidence of discrimination.
Tips for Proving Pay Discrimination
Here are some additional tips to help you prove pay discrimination:
- Be Prepared: When collecting data and documenting evidence of pay discrimination, it is essential to be prepared. This means doing your research, knowing your rights, and being aware of the legal process for filing a discrimination claim.
- Seek legal Advice: If you believe that you have been the victim of pay discrimination, it is a good idea to seek legal advice. An experienced employment lawyer can help you understand your rights and options and can guide you through the legal process.
- Keep Accurate Records: To prove pay discrimination, it is essential to keep accurate records of your pay, job duties, and performance evaluations. This documentation can be used as evidence in a discrimination lawsuit. Keep a record of your hours worked, bonuses earned, and any changes in your pay rate. You should also maintain a record of your job responsibilities and duties, as well as any communication or feedback from your employer. Keeping these records up-to-date and organized can make it easier to prove pay discrimination if it occurs.
- Know the Law: It is important to understand the law when it comes to pay discrimination. Several federal and state laws prohibit pay discrimination based on gender, race, age, and other protected characteristics. Knowing these laws can help you identify instances of pay discrimination and take appropriate legal action. The Equal Pay Act of 1963 prohibits pay discrimination based on gender. It requires that men and women be paid the same wage for performing the same job, with few exceptions. Title VII of the Civil Rights Act of 1964 prohibits pay discrimination based on race, color, national origin, religion, or sex. The Age Discrimination in Employment Act of 1967 prohibits pay discrimination based on age, while the Americans with Disabilities Act of 1990 prohibits pay discrimination based on disability.
- Don’t Give Up: Proving pay discrimination can be a long and challenging process, but it is essential not to give up. Keep fighting for your rights and seek help from legal professionals if necessary. Remember that you have the right to be paid fairly for the work that you do, regardless of your gender, race, age, or other protected characteristics.
Pay discrimination is a significant problem in the United States, and it affects many employees, particularly women and minorities. If you believe that you have been the victim of pay discrimination, there are several steps you can take to prove it. By collecting data, comparing pay rates, checking for discrimination, documenting evidence, and filing a complaint, you can hold your employer accountable and seek justice for unfair compensation. Remember to stay informed about your rights, seek legal advice, and don’t give up in the fight against pay discrimination. With persistence and determination, you can make a difference in your own life and in the lives of others who are affected by this pervasive problem.
Call Shavitz Law Group
Do you believe pay discrimination has happened to you? Call the experienced employment attorneys at Shavitz Law Group. We can assist you with fighting discrimination in your workplace. Call today at (800) 616-4000.