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Employers Cannot Withhold a Worker’s Final Paycheck Even if Worker is Fired  Workers have a right to be paid for the work they have done even if they are fired or quit — with or without notice. Employers cannot “hold” a final paycheck to “punish” a worker for quitting or as “employer compensation” to “make up” for supposedly “bad” behavior by the employee. If your boss has withheld or is withholding your final paycheck, you…
Federal Court Strikes Down DOJ’s Narrow Definition of “Joint Employer” The economic reality for many employees is that they work for more than one employer. Under long-standing federal law and regulations, when a “joint employer” condition exists, then BOTH employers are jointly liable for violations of federal labor laws including unpaid wages and overtime under the federal Fair Labor Standards Act (“FLSA”). 29 U.S.C. 201, et seq. In legal terms, joint employers are jointly
Virginia Adds Teeth to its Wage Theft Law Wage theft is prohibited by federal law and several states have enacted additional state laws that are designed to further prevent and stop wage theft. Earlier this year, the State of Virginia amended its labor code to give real teeth to its wage theft law. Prior to the amendments, wage theft by employers in Virginia was prosecuted by state labor agencies and recovery was limited to the…
Federal Overtime and Wage Laws Must be Honored Even for “Illegal” Businesses  In another win for workers across the country, a federal Court of Appeals recently held that ALL workers are entitled to the protection of federal laws that mandate a minimum wage. This is true even for businesses that are “illegal” under federal law like those in the cannabis industry. See Kenney v. Helix TCS, Inc., 939 F. 3d 1106 (US Court of…
No Such Thing as “De Minimis” Work: All Work is Work and Workers Deserve to be Paid  We here at Herrmann Law fight for the rights of workers. We believe that all workers have a right to be paid and paid for ALL the work that they do. One currently raging battle in the fight for worker’s rights is over the so-called de minimis work rule. This rule allows employers to require or allow employees…
Like most addictions, the addiction to arbitration is expensive. Often touted by defense lawyers and business advocates as a less expensive, more efficient alternative to the court system, arbitration is neither. Arbitration is a money pit for employers and particularly more expensive for employers defending themselves against wage and overtime claims. If you do not believe me (yes, I am a plaintiff’s lawyer), just ask Uber or any other number of employers who thought arbitration
As of July 1, 2019, Employers in Minnesota are now required to follow civil provisions in Minnesota’s Wage Theft Statute. We previously wrote about Minnesota’s new Wage Law here. While these changes only impact workers in the state of Minnesota, it is critical for all employees to understand the changes that have been brought on by these new regulations. Changes to Required Language on Wage Notices Language in Minnesota concerning an “employment agreement” has been…
The State of Texas does not require private employers to provide paid sick leave to any employee. In three Texas cities, however, recent ordinances have been passed that will require almost all employers with employees in the cities of Austin, Dallas, or San Antonio to provide paid sick leave. While many anticipated that the Texas legislature would pass legislation that prohibited these ordinances, the legislature failed to do so. Instead, the legislature became distracted by…
Minnesota’s legislature recently passed the Jobs and Economic Development Omnibus Bill, which became effective as of July 1, 2019. The bill alters existing state laws and creates both civil and criminal penalties for wage theft in addition to establishing new record keeping requirements for employers. Changes Brought on by New Bill Minnesota’s new law makes it an offense to commit wage theft, which is classified as engaging in any of the following offenses with…
One of the most hotly debated issues in wage and hour law is what constitutes a “living wage.” Depending on who you ask, you are likely to get a very different answer. While the minimum wage in the United States is $7.25 an hour, some states, as well as some corporations, are experimenting with paying workers a much higher minimum wage. A “Living Wage” Based on federal guidelines, a two-person household in the United States…