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...]

Common Overtime Myths

Overtime laws are somewhat confusing for the weary and many employees have misconceptions about whether or not they are entitled to overtime. The Fair Labor Standards Act ("FLSA") is a federal law that governs minimum wage and overtime issues in the United States. Some states have their own version of the FLSA governing overtime and minimum wage and such state-specific laws provide for greater … [Read more...]

Supreme Court Holds that Employees Making Oral Complaints of FLSA Violations are Protected from Retaliation

The U.S. Supreme Court's March 22, 2011 ruling in Kasten v. Saint-Gobain resolved a long-standing question of whether oral complaints are protected from the FLSA's anti-retaliation provision, which prohibits employers from firing an employee because the "employee has filed any complaint... under or related to the Act."  The Court held that FLSA complaints could in fact be "filed" verbally under … [Read more...]