Imagine for a moment that you work for a fast food restaurant, and you are walking out the door to get to your place of work and clock in. A few minutes into your commute, you get a call from your boss: "You don't have to come in today, business is slow." Some people may celebrate not having to go to work; but others want to work and need the money. Surprising changes to their schedule like this are unwelcome.
While the following story didn't occur here in Fort Lauderdale, Florida, it still could have happened practically anywhere. It involves servers at a brewery not being paid what they are owed, and the fight they had to take to the brewery in civil court in order to get what they deserved.
A former employee at a Nevada casino resort won a crucial battle in her lawsuit against her former employer. The woman sued Grand Sierra Resort & Casino under wage & hour violations, and she says that she was then barred from returning to the premises after the lawsuit was filed. So how does this simple disagreement mark a major win for the plaintiff?
A former employee at a Nike retail outlet is suing the company for a violation of wage and hour laws. The plaintiff alleges that Nike forced employees to buy new uniforms once per quarter so that the employees would show off the new clothing lines Nike had available. Nike paid minimum wage, but with their requirement to buy uniforms so frequently, the former employee is alleging that Nike effectively does not pay the required minimum wage.
As employees, we all work hard to earn our paychecks and make our bosses proud. Our jobs are important for a variety of reasons, including our wages and benefits, our productivity, our growth as individuals, and fulfilling our responsibilities. It is easy to forget, though, that as employees we have rights. This is because companies and businesses often feel like all-powerful and controlling entities. While they do have a lot of power and control, they aren't immune to legal challenges. And they certainly don't have legal justification to violate your rights.
Late last week, some major news broke in the world of employment law, especially considering it involves the name "Disney," a name which Floridians are all too aware of. The U.S. Labor Department investigated The Walt Disney Co. and found that they owed some $.38 million in back wages to thousands of employees who worked at resorts and hotels for the company.
The rental car agency Hertz has been sued by a former manager associate who claims that she was forced to work after hours in order to keep her job, but that those overtime hours never resulted in her being paid for the work. The lawsuit is yet another wage and hour dispute for Hertz, and indeed the entire rental car industry. These disputes go beyond the realm of rental cars, too. Wage and hour disputes are becoming increasingly commonplace in the legal world.
When you are on the hunt for a new job, there will be times when you get called in for an interview. Your excitement and hope may carry the day, but one logistical thing to realize about the interview process -- and the hiring process in general -- is that you have rights as a potential new-hire.
There are many ways that an employer can infringe upon your rights as an employee, and ranking these offenses is an exercise in futility simply because they are all illegal and bad for the employee. With that said, we want to focus on wage and hour violations today. Considering you do your job to earn an income and, thus, allow you to live the life you want to lead outside of work, it is horrible that a company would violate the most basic element of a job: wages, income and salary.
Some people may not think much about a non-competition agreement. It's in their contract when they agree to become an employee at a company, and they simply sign it and move on. This is perfectly understandable because non-completes are designed to be stealthy contracts that are just "part of the process of becoming an employee." Under such a description, it is no wonder that many people just gloss over the importance of these contracts.