Workplace Injuries

• More and More Computer Workers Seeking Overtime Pay(2)

  Bill Tucker | February 21, 2008 11:42 AM | 0 CommentsRichmond, VA

  A significant trend in wage and hour law is the number of Computer and IT workers, particularly those in the service industry, who are filing lawsuits seeking to recover unpaid overtime. Many employers mistakenly regard overtime pay as a benefit available only to "blue collar" workers, and misclassify high-tech employees as exempt from the overtime pay requirements of the Fair Labor Standards...

• Mortgage Loan Officers File Suit for Unpaid Overtime

  Bill Tucker | February 15, 2008 8:00 AM | 0 CommentsRichmond, VA

  Loan Officers for American Equity Mortgage recently filed a national class action lawsuit alleging that their employer misclassified them as exempt from the Fair Labor Standards Act, and seeking recovery of unpaid overtime compensation. This lawsuit is part of a growing trend of lawsuits filed by "white collar" workers in the financial, pharmaceutical, computer, IT, service and other industries...

• Working "Off The Clock" May Entitle Workers to Overtime Compensation

  Bill Tucker | February 25, 2008 10:00 AM | 0 CommentsRichmond, VA

  A recent Department of Labor investigation against a Municipal Sheriff's Department illustrates how requiring employees to perform work-related activities prior to "clocking in" violates the unpaid overtime provisions of the Fair Labor Standards Act. The Sheriff's Department required its deputies to attend meetings at the start and end of the workday, but did not include this time in...

• Lowes Faces Another Unpaid Overtime Lawsuit

  Bill Tucker | February 14, 2008 11:30 AM | 0 CommentsRichmond, VA

  A Texas woman has filed a class action against Lowes Home Center alleging Lowes violated the overtime pay requirements of the Fair Labor Standards Act. The woman, who was a warehouse employee at a regional distribution center, claims that Lowes owes her unpaid overtime, and did not credit her for time that she performed required work for Lowes before and after her scheduled shift, including...

• Wal-Mart Wage & Hour Class Action Largest Ever

  Michael Phelan | December 04, 2007 10:39 AM | 0 CommentsRichmond, VA

  The largest wage-and-hour class action ever certified in Washington state is set for trial in the spring of 2009. The statewide class action is against retail giant Wal-Mart, and it includes 75,000 current and former employees. Any worker employed at Wal-Mart or Sam's Club between September 10, 1997 and the present is automatically a member of the class. The complaint alleges Wal-Mart...

• Drugs Sales Reps Sue for Unpaid Overtime

  Aubrey Ford | March 28, 2007 9:17 AM | 0 CommentsRichmond, VA

  Class action lawsuits filed on behalf of thousands of pharmaceutical sales representatives involve allegations of unpaid overtime against eight major drug companies. The essence of the claims involves demands for overtime compensation for the hours that the drug representatives spend attempting to push the particular pharmaceutical drugs in the doctors' offices. There are more than a dozen...

• Butler Williams Wins Important Unpaid Overtime Decision

  Michael Phelan | January 31, 2008 9:15 PM | 0 CommentsRichmond, VA

  We are pleased to report that, today, our law firm received a favorable Fourth Circuit Court ruling for a client establishing a claim for a company's retaliation against former employees who claim unpaid overtime compensation. The controlling law which requires the payment of overtime for all hours worked over 40 per week, the Fair Labor Standards Act (FLSA), contains separate retaliation...

• U.S. Supreme Court Rejects Overtime Pay Retaliation Claim

  Aubrey Ford | January 25, 2007 8:00 AM | 0 CommentsRichmond, VA

  The U.S. Supreme Court this week refused to consider an appeal brought by an IBM employee claiming that he was forced to leave the company in retaliation for his complaint about unpaid overtime. In the case, employee Michael Saville had worked for the company for 32 years before he accepted early retirement in October 1998. Saville filed suit afterwards claiming that he was forced to leave...

• Convenience Store Chain Sued for Unpaid Overtime

  Aubrey Ford | June 01, 2007 4:38 PM | 0 CommentsRichmond, VA

  A class action lawsuit has been filed in the United States District Court in Iowa by two assistant managers accusing Casey's General Stores, Inc. of refusing to pay them overtime that they earned. The assistant managers worked at a store in Iowa and claimed that they were required to work several hours per week off the clock. This accumulated to hundreds of hours over a three-year period. The...

• Wage and Hour Claim Costs Company $10 Million

  Michael Phelan | January 30, 2008 10:36 PM | 0 CommentsRichmond, VA

  The Fair Labor Standards Act (FLSA) provides that the vast majority of employees are entitled to overtime pay at "time and a half" for every hour worked beyond 40 hours in a week. The FSLA is complex, and many employers violate both the FSLA and state laws governing overtime pay. The penalties for violating the overtime pay laws are recovery of two to three years of unpaid wages, liquidated...