Thinking about filing a lawsuit against your current or former employer? This article lays out some crucial steps to take before your bring the action. Remember: make sure you put everything in writing. Even if you have a conversation, follow it up with an email to the person summarizing the contents of the conversation. Eliminate […]
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In a recent case, a federal Court has held the Statute of Limitations tolled while a Motion for Class Certification is pending. Unlike the filing of a Class Action under Rule 23, the filing of a Collective Action does not toll the Statute of Limitations. Therefore, the 2 year (or 3 year if willful) statute
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As of July 26, 2012, there have already been 60 more lawsuits (7,064 total) filed under the Fair Labor Standards Act (FLSA) than the entire year of 2011. FLSA Lawsuits Article. The biggest increase in claims results from misclassifications. The two major problems areas exist when (1) an employer classifies an individual as an independent
The Fair Labor Standards Act (FLSA) affects most private and public employment and relates to, among other things, overtime pay and minimum wages. The FLSA requires employers to pay covered non-exempt employees at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week. Covered employees must be
Are you a construction worker? Do you work for a construction company? If so, you may not be receiving all the wages you are entitled to. Read this article to learn more about the wage laws, and common wage violations, in the construction industry. Construction workers play an essential role in our society; they help
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What is Gap Time? Should My Employer Be Paying Me For It? “Gap time” is a term used to describe the gap between hours paid by an employer and non-overtime hours worked.[1] When an hourly employee is scheduled and works 40 hours in a week, no gap time exists. Generally, gap time issues arise when
