Herrmann Law

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What is the ABC Test for Worker Misclassification? Over the last decade or so, courts and legislatures across the country have been adopting a more rigorous test to identify when workers can be lawfully classified as independent contractors instead of employees. The test is called the ABC test. Worker misclassification is a form of wage theft and way for employers to avoid having to comply with state labor laws. For example, independent contractors are not…
Workers are Entitled to Statements of Their Earnings Under most state laws, workers are entitled to receive statements of their earnings. Depending on the state law, if an employer fails to provide a statement of earnings, then legal action can be taken and the employer can be held responsible. For example, in New York, violation of the state’s wage statement law can subject an employer to suit for statutory damages for up to $250 per…
Improper Deductions Aside from court-ordered and government-required deductions, employers may only deduct authorized and lawful amounts from worker paychecks. If an employer makes improper and unauthorized deductions, that is a form of wage theft. Employers can be held liable and subject to civil and potentially criminal penalties for violations of federal and state laws. Improper deductions can be direct or indirect. A direct deduction happens when money is taken from the paycheck; an indirect deduction…
In some states, workers who quit or who are terminated are entitled to receive payment for any and all accrued and unused vacation days. Some states, such as Colorado, specifically define paid vacation days as a form of compensation. Thus, in places like Colorado, it is a form of wage theft for an employer to fail to pay an employee for accrued and unused vacation days. Generally, in states where it is required, payment for…
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