Industry News

Collective Action Conditionally Certified Against Staples Contract & Commercial, Inc.

On September 26, 2018, the United States District Court for the District of Kansas conditionally certified a collective action of all Account Services Managers (“ASM”) and/or people holding similar job titles, duties, and compensation structures at any time between September 26, 2015 through the Present. If you were an ASM of Staples Contract & Commercial,…

Freightquote Overtime Lawsuit

Pursuant to a recent court order, more than 1,400 current and former Freightquote employees were notified of their right to join a lawsuit for unpaid overtime and 401(k) benefits. All Account Representatives, Customer Activation Specialists, and Truckload Coverage Representatives (collectively “Covered Employees”) who have worked at any time between March 18, 2012 and the Present…

Conditional Class Certification Granted in Favor of Cable Installers

Kansas Federal Court Conditionally Certifies Class Overtime Claims of Installation Technicians against Mill-Tel, Inc.—Knight et al v. Mill-Tel, Inc., Case No. 11-CV-1143-EFM-KGS (Dist. Kan.) On July 12, 2012, the Honorable Judge Eric F. Melgren conditionally certified a class of current and former Mill-Tel, Inc. cable Installation Technicians who have worked for Mill-Tel, Inc. at any…

Employer Provided Cell Phones May Create Unpaid Work

Recently, the Internal Revenue Service (“IRS”) submitted a public notice stating that cell phones issued by employers as a working condition are no longer includable in the employee’s taxable income as a fringe benefit. Employees will now be happier to receive a tax free cell phone and it is quite possible that more employers will…

Are you an Independent Contractor or an Employee?

Determining whether you are an independent contractor or an employee could significantly affect your rights to compensation.  For example, independent contractors are not entitled to minimum wage, overtime, unemployment  benefits, and workers compensation, while employees are generally entitled to these benefits and more. Therefore, it is extremely important to understand the difference between independent contractors…

Many Servers in the Restaurant Industry are Owed Minimum Wages and Overtime

Servers and other tipped employees are often improperly compensated by their employers and entitled to unpaid minimum wages and overtime compensation.  The general rule under the Fair Labor Standards Act (“FLSA”) is that all employees are entitled to a minimum wage (currently $7.25) for every hour worked in a workweek and overtime compensation in the…

Why do we celebrate Labor Day?

This Labor Day as many of us enjoyed a long weekend with cooling temperatures and neighborhood barbecues, almost none of us truly understand why we celebrate the holiday.  As an employment lawyer working for employees with minimum wage and overtime claims arising out of working too many hours for too little pay, I would be…

Overview of the FLSA Exemptions – The Computer Professional

Many computer employees working in the Information Technology (IT) field are entitled to the payment of  minimum wages and overtime pay unless they meet the specific exemption requirements of the Fair Labor Standards Act (“FLSA”). In this post, we will discuss the requirements for the Computer Professional exemption. The Computer Professional In order to qualify for the Computer…

Overview of the FLSA Exemptions – Outside Sales

Many salespeople who earn their livings through commissions are entitled to the payment of  minimum wages and overtime pay unless they meet the specific exemption requirements of the Fair Labor Standards Act (“FLSA”). In this post, we will discuss the requirements for the Outside Sales exemption. The Outside Salesperson In order to qualify for the Outside Sales exemption,…