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,…
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…
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…
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…
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…
Employees who drive, load, maintain or assist in the operation of certain vehicles in the course of performing their jobs, may be subject to a special exemption from the overtime requirements of the Fair Labor Standards Act (“FLSA”). Although, these employees may not be entitled to overtime compensation, they are still entitled to earn a…
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…
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…
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…
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,…