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.
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.
Recognizing the need to address this pervasive issue, the U.S. government has implemented the following legal measures to tackle the gender pay gap:
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.
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.
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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.
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.
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.
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.
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.
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.
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 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.
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.
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 (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.
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.
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 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.
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.
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.
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 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 can be difficult, but there are several factors that can help establish a case. These include:
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:
Preventing pay discrimination starts with creating a culture of fairness and transparency in the workplace. Here are some tips for employers:
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.
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.
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.
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:
Here are some additional tips to help you prove pay discrimination:
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.
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.
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