Employees Win Appeal in FLSA Wage Theft Case

The 4th Circuit Court of Appeals ruled on April 25, 2016, in the case Harbourt, et. al. v. PPE Casino Resorts Maryland, LLC, that a District Court Judge in Maryland erred in dismissing a wage theft lawsuit brought against a casino under the Fair Labor Standards Act (FLSA). The suit was filed by a group of employees who attended a casino dealer training school for 12-weeks with virtually no pay. … [Read more...]

Strike Two for Employers in Unpaid Overtime Suit

On March 22, 2016, the United States Supreme Court sided with thousands of employees in a class-action employment lawsuit brought against Tyson Foods for unpaid overtime wages. This was the second time this term that the Supreme Court has ruled against business interests in class-action cases and sided with the plaintiffs. The first time occurred earlier this term in the case of Campbell-Ewald Co. … [Read more...]

Supreme Court Ruling Helps Class Action Plaintiffs

On January 20, 2016, the United States Supreme Court issued its ruling in the much-anticipated case, Campbell-Ewald Co. v. Gomez. This decision was a major win for plaintiffs in class action lawsuits. Although not an employment law case, the Campbell-Ewald decision may affect plaintiffs in wage and hour class action lawsuits brought under the Fair Labor Standards Act. The decision essentially … [Read more...]

Famous Chef Banning Tipping In His NYC Restaurants

Famous NYC chef Danny Meyer of the renowned NYC restaurants Gramercy Tavern, Union Square Cafe, Shake Shack, and The Modern has announced today that he is banning tipping in his restaurants beginning in late November. Instead, front of the house employees (waiters, waitresses, bussers, etc.) will receive $9.00 per hour + revenue sharing, back of the house employees (dishwashers, etc.) will … [Read more...]

Home Health Care Workers Entitled to Overtime Pay

On September 17, 2013, the U.S. Department of Labor announced a new final rule that would provide the Fair Labor Standard Act's minimum wage and overtime protections to most of the nation's home care workers and personal care assistants who provide essential home care assistance to elderly people and people with illnesses, injuries, or disabilities. The change is estimated to provide protection … [Read more...]

Restaurant Tip Pools

If you have worked in the food and beverage industry, then it is likely that you have participated in a tip pool at some point or another. Tip pools are quite common in restaurants, bars, and other establishments where employees customarily receive tips from the customers they serve. In these situations, restaurant workers who receive tips are required to "pool" their tips together so they can be … [Read more...]

“What to Expect During Your Employment Law Dispute” – Part 5: Mediation

The Local Civil Rules for the U.S. District Court for the District of South Carolina require that all civil cases be mediated with prior to trial. As many, if not most, types of employment cases are litigated in the federal courts, there is a good chance that you will attend mediation at some point in the course of your employment case. Mediation is an informal and confidential method of … [Read more...]

How To Hire a Law Firm For your Employment Law Dispute

At Falls Legal we often receive questions from employees about various types of employment law issues.  These questions generally involve an employee who is experiencing a problem at work.  I find that preparing potential clients for the types of information we need to know and questions that they should ask is beneficial for everyone.  So here goes..... 1)  Don't use legal terms of art such as … [Read more...]

Overtime Exemption Laws may get an Overhaul

As you may have heard, President Obama has directed the Department of Labor to "modernize and streamline" overtime exemptions. The directive aims to simplify and minimize exemptions that prevent employees from receiving overtime pay under the Fair Labor Standards Act. Some of the primary areas addressed are exemptions relating to white collar employees, home health care workers, and computer … [Read more...]