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Family Dollar settles another Store Manager overtime case!

Family Dollar Stores, the giant retail store based in North Carolina, has settled another Store Manager overtime lawsuit, this time in New Jersey. These claims started back in 2000 when a Store Manager named Barbara Morgan sued Family Dollar for overtime in Alabama.  A jury returned a verdict of $54 million dollars, agreeing with Morgan … [Read More]

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Pepsi sued for paying Chinese Overtime to its workers

  Pepsi  Beverages Company has recently joined a long list of employers who are being sued for paying what some employee’s refer to as “Chinese Overtime.”  Yes, it’s not the best name for it.  The proper name is Fluctuating Work Week overtime.  Some refer to it as “half time” overtime.  Whatever you call it, employee’s … [Read More]

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McJobs Are Not The Answer!

First, the good news. The Bureau of Labor Statistics is reporting the creation of 288,000 new jobs in April. This is about 63,000 more jobs than people were anticipating. As a result, the unemployment rate fell to 6.3%, the lowest rate since September, 2008. Now, the bad news. Most of these new jobs are low-wage … [Read More]

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Why are wage / hour class actions important?

Workers’ wages are stagnating at a time when there is more than enough money to pay them fairly. That’s it. Robert Reich explains this point very well in his recent essay. He observes: Until the 1980s, corporate CEOs were paid, on average, 30 times what their typical worker was paid. Since then, CEO pay has … [Read More]

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Can my employer make an agreement with other employers in my field not to solicit each others’ employees?

No, allege a group of more than 64,000 Silicon Valley technology workers. Read this NY Times Article.  These employees have brought an anti-trust lawsuit alleging that companies like Apple and Google made agreements not to “poach” each others’ workers.  The effect of these agreements, say the employees, was to drive down wages, since employees were … [Read More]

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Class Action Representative Plaintiff wins $3 million retaliation case!

Class actions are important tools for employees to fight back against employers who don’t pay wages properly. They can be used to sue for unpaid minimum wages for restaurant workers, unpaid overtime wages and commissions. Many times, employees are afraid to come forward and serve as a lead representatives because they fear retaliation. If no … [Read More]

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Inside Sales employees: how is overtime calculated?

Recently I wrote about the employees who are considered “inside sales” and when they get overtime pay. How to calculate their overtime pay is also a complicated and controversial matter. Some employers pay their inside sales staff an hourly wage, plus commissions. In this case, when overtime hours are worked (more than 40 in a … [Read More]

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Can my boss pay me commissions for inside sales, but no overtime?

Connecticut has a very strict rule for overtime pay for inside sales people.  It requires that their sole responsibility by sales, that they make at least twice the minimum wage, that more than ½ their compensation be commissions and that they don’t work more than 54 hours per week. If these rules aren’t met, inside … [Read More]

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Inside Sales Exemption: what are the rules?

Many companies pay their inside sales people a base wage or salary and then pay commissions.  Do these people get overtime pay, too? Yes, especially in Connecticut. As usually, we start with the understanding that everyone gets overtime pay and an employer who wants to avoid it must prove that an exemption applies. There is … [Read More]

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What accommodations does my employer have to make for me if I’m pregnant?

Under federal law, your employer cannot discriminate against you- that is, it can’t treat you any differently than it treats a non-pregnant employee.  However, it doesn’t have to make accommodations for you that it wouldn’t make for non-pregnant employees.  This is different from the provisions of disability law, under which employers have an affirmative duty … [Read More]

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