Posts tagged as:

wage and hour suits

  • Nomination of David Weil as Labor Department wage/hour chief could be flashpoint in overtime furor [Terence Smith, Hill] Another reaction to President’s scheme [Don Boudreaux, Cafe Hayek, earlier here and here]
  • Oregon: longshoreman’s union says NLRB charges of blinding, threatened rape meant “to distract” [Oregonian]
  • Who thinks hiking the minimum wage would kill jobs? Company chief financial officers, to name one group [Steve Hanke, Cato]
  • Tourists’ casual naivete about union politics at NYC hotel made for tension, hilarity [How May We Hate You via @tedfrank]
  • Just for fun: Wichita business’s creative responses to union’s “Shame On…” signs reach Round 2 [Volokh on first round, Subaru of Wichita on second round]
  • Workers’ comp claims at government agencies in Maryland can be odd [Baltimore Sun via Jeff Quinton]
  • Are unions losing their grip on the California Democratic Party? [Dan Walters]

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So says Coyote, and I agree with him (earlier here).

…companies will quickly restructure their work processes to make sure no one works overtime. And since their new hires are working just a straight 40 hours (with mandatory unpaid lunch break time in CA), they will likely pay less. If I am paying $40,000 a year for someone who will work extra hours for me, I am not going to pay that amount to someone just punching a time clock. And the whole psychological relationship is changed – a salaried person is someone on the management team. A person punching a timeclock may not be treated the same way. …

…for those who think schools assign too much homework, this could well be the end of homework. The most dangerous possible thing with hourly workers is to give them the ability to assign themselves unlimited overtime. Teachers could do this at home with grading papers. If I were a school, I would ban teachers from doing any grading or schoolwork prep at home — after all, it’s hourly and probably overtime and they could work unlimited hours at home and how would you get it under control? The only way to manage it would be to ban it entirely.

He marches through some of the implications, all bad, for employee travel (why allow it except for the direst company needs if every hour on the road is going to be paid at time and a half?), ObamaCare incentives, and the erosion of a minimum pay guarantee for those whose salary now provides one. (On the homework issue, incidentally, teachers are exempt under current FLSA rules; grading papers at home would only be dangerous assuming a change in those rules.)

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Here comes a more regimented, polarized, lawsuit-ridden workplace with less upward mobility — at least if the President gets his way. I deplore some of the likely effects, unintended or otherwise, in a new Cato post: “Increasingly, Obama’s binge of executive orders and unilateral decrees to bypass Congress is coming to resemble a toddler’s destructive tantrum.” More: Daniel Schwartz, Daniel Fisher. Our wage and hour law category has more than 80 posts.

More from Scott Shackford, Reason, from Brett Logiurato at Business Insider on organized business opposition, and from the WSJ. And from George Leef, John Locke Institute:

The Fair Labor Standards Act is the federal statute that imposes the minimum wage along with other intrusions into what ought to be matters of contract between the parties.There is no real constitutional authority for the federal government to dictate the terms of labor contracts. During the New Deal, Congress relied upon the notion that if anything might have any possible effect on interstate commerce, then it’s fair game for federal control. That idea stretches the concept of interstate commerce far beyond its intended meaning.

Yet more: Welcome Andrew Sullivan, Washington Times readers. And see followup post (why this could do much more damage to economy than minimum wage hike)

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Safer to have the failed business go through total liquidation, it seems:

An employer that acquired the assets of a defunct bar and restaurant and continued to operate a restaurant on the same premises was liable for unpaid wages owed to the defunct restaurant’s former employees, the Oregon Supreme Court has ruled. Blachana LLC v. Bureau of Labor and Industries, No. S060789 (Ore. Jan. 16, 2014).

Reversing the Oregon Court of Appeals, the Court found that the Bureau of Labor and Industries (BOLI) did not err in deciding the employer was a successor for state wage liability purposes because it conducted “essentially the same business as conducted by the predecessor,” even though it did not employ any of the predecessor’s employees. [emphasis added]

[Jackson Lewis]

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Schaden, meet freude

by Walter Olson on March 10, 2014

“Obamacare Call Center Faces Unpaid Wages & Overtime Class Action Lawsuit” [BigClassAction.com]

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“So… stop me if you’ve heard this one before. Man sues staffing agency and Biglaw firm for overtime — because document review isn’t really legal work. Man then applies to the exact same staffing agency for more document review work — touting all his legal experience reviewing documents.” [Alex Rich, Above the Law]

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Only 1,999 unclarities left to go. I explain yesterday’s decision in Sandifer v. U.S. Steel Corp., the “don/doff” case, at Cato at Liberty (& welcome SCOTUSBlog readers).

  • Labor Department wants to shut down consignors-as-volunteers consignment-sale business plan [Bloomberg BusinessWeek, Sean Higgins/Examiner]
  • Operating Engineers Local 17: “Legality of union violence at heart of court case” [Buffalo News]
  • Alternative to “Ban the Box”: revisit extent to which old convictions stay on the books [Eli Lehrer; Baltimore Sun on municipal proposal]
  • Human capital investment by women has narrowed gender pay gap, desire for time flexibility crucial in explaining what remains [Tyler Cowen on Claudia Goldin paper]
  • Carl Horowitz on UAW push to organize VW in Chattanooga [Capital Research Center]
  • Seyfarth Shaw’s 10th annual Workplace Class Action Litigation Report [Seyfarth, Daniel Fisher]
  • Sixth Circuit: transfer can count as adverse action even when employee had previously requested it [Jon Hyman]

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“French officials have fined a pub in Brittany €9,000 for “undeclared labour” after a customer returned some empty glasses to the bar. For customers at the Mamm-Kounifl concert-café in Locmiquélic, carrying drinks trays and used glasses back to the bar was a polite tradition.” [Independent]

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Why would an employer adopt a rule forbidding employees from using company email after hours or on weekends? Simple enough: lawyers have been busily organizing class actions alleging that employees are owed millions for overtime spent on such tasks. And it doesn’t matter whether the employee wants to do his or her job that way or is responding to an emergency customer request: the legal entitlement to sue isn’t ordinarily waivable by consent. Hence “email curfews.” [Brianne Pfannenstiel, Kansas City Business Journal via Jon Hyman]

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“Even though they received back-pay, they are now suing the government….Their attorney said that late payment violates the 1938 Fair Labor Standards Act and they’re now owed damages – adding up to hundreds, maybe thousands of dollars per worker.” [Mike Conneen, WJLA]

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  • Reminder: Second Amendment rights run against the government, not against your employer or other private parties [Eugene Volokh]
  • Invasion of privacy? Employees continue to win awards and settlements by way of surreptitious recording devices in workplace [Jon Hyman]
  • Gov. Brown signs bill creating overtime entitlement for California nannies, private health aides [Reuters, L.A. Times]
  • Does rolling back a benefit under a public employee pension plan violate the Contracts Clause? [Alexander Volokh, Reason Foundation]
  • Even as anti-bullying programs backfire, some propose extending them to workplace [Hans Bader, CEI, earlier]
  • Background on Harris v. Quinn, SCOTUS case on herding family home carers into union fee arrangements [Illinois Review, earlier]
  • “California unions target business-friendly Dems” [Steve Malanga]

“A class action lawsuit has been launched by a small group of Yelp reviewers, trying to make the (laughable and ridiculous) case that reviewers on the site are actually unpaid employees who are now demanding compensation. It appears that they’re hoping the recent success of a few lawsuits involving ‘unpaid internships’ will now carry over to user-generated content sites as well. To put it mildly, this is incredibly stupid.” [Mike Masnick, TechDirt]

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Caleb Brown interviews me for a Cato podcast on the Administration’s new home-companion overtime rules, which could drive many elderly and disabled persons into nursing homes. Earlier here and here.

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Had you heard that disabled-rights activists have staged demonstrations in Washington, D.C. to protest a new Obama administration initiative? Not only that, but the disabled-rights activists are right.

At issue is an awful scheme by the Obama Labor Department, newly headed by Secretary Thomas Perez, to abolish most of the “companionship exemption” to federal wage and hour laws, which has up to now reasonably recognized that serving as a live-in or semi-live-in paid attendant to a sick, elderly or disabled person is not really the same sort of thing as working twelve-hour days on a factory assembly line. I’ve got a new post at Cato at Liberty looking at some of the consequences we can expect from making it far more expensive to provide a kind of round-the-clock care that often keeps people out of nursing homes. More: Bloomberg.

Some background on the controversy, beyond the links in the Cato post: National Council on Disability (a federal disability-advocacy agency that was not entirely prepared to toe the line in favor of the new regs); Stephen Miller, Society for Human Resource Management; Kaiser Health News; Disability Law (“disability rights groups… fear that substantially raising the cost of personal assistance services without increasing Medicaid reimbursements will force people with disabilities into nursing homes”); PHI and Direct Care Alliance (promoting regs); National Association for Home Care and Hospice and more (commercial group opposed); ADAPT (disability rights group opposed).

More reactions: Bill McMorris/Free Beacon, Jon Hyman, Trey Kovacs/Workplace Choice.

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Insist that class counsel’s attorneys’ fees be handled separately from the negotiation of relief to the class — and then don’t roll over for those fees the way defendants usually do. “They [Starbucks' lawyers] contend that the $4.2 million request is ‘breathtakingly inflated,’ considering that class counsel managed to win certification of only one of 13 alleged subclasses [in a West Coast wage-hour class action].” [Alison Frankel, Reuters]

Labor and employment roundup

by Walter Olson on September 13, 2013

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