Bohrer Brady, LLC

03/25/2026

02/05/2026

A Colorado federal judge ruled that Perry’s Steakhouse & Grille violated federal and state wage laws by including morning-shift employees in a servers’ tip pool even though the restaurant was closed to guests during much of their work time. The court found those employees were not “customarily and regularly tipped” because their customer interaction was minimal.

The court partially granted summary judgment to the servers, rejecting Perry’s arguments that morning staff had sufficient customer contact through private events, early arrivals, or overlapping shifts. He noted private lunches occurred only about 4% of the time and did not amount to meaningful interaction, and said the company relied too heavily on job titles and “front-of-house” status rather than actual duties.

The court left open for trial whether the parent company is an employer for workers outside Colorado, as well as issues of liability and damages.

Under the Fair Labor Standards Act, tips belong to the employees who earn them. Employers can require tip sharing only if specific rules are followed, and those rules depend on whether the employer takes a tip credit.

If the employer pays tipped employees less than the full minimum wage and uses tips to make up the difference: (1) only employees who are “customarily and regularly tipped” may be included in the tip pool (e.g., servers, bartenders); (2) managers and supervisors may never receive tips, directly or through a pool; (3) non-tipped employees (e.g., cooks, dishwashers, janitors, or workers with only minimal customer interaction) cannot share in the tips; and (4) employees must have meaningful, regular customer interaction—job titles alone don’t qualify.

However, if the employer pays all employees at least the full minimum wage in cash: (1) tip pools may include both tipped and non-tipped employees (such as cooks or dishwashers); (2) managers and supervisors are still prohibited from receiving tips.

Bottom line: tip sharing is legal under the FLSA, but who can be included depends on whether the employer takes a tip credit and whether the employees truly perform tipped work. Misclassifying employees in a tip pool is a common and costly violation.

Call the attorneys at Bohrer Brady if you believe you are the victim of improper tip pooling, or other wage theft. Bohrer Brady, LLC, 8712 Jefferson Hwy., Ste. B, Baton Rouge, LA 70810; (800) 876-3911; email: [email protected]; website:

Bohrer Brady, LLC provides winning legal counsel for labor & employment law cases. Get a free case evaluation with our employment & labor lawyers.

11/20/2025

GEICO SUED BY FIELD CLAIMS ADJUSTERS

A proposed class action was filed in Massachusetts state court alleging Geico illegally forced field claims adjusters and trainees to work overtime without proper compensation, and further required them to use personal vehicles in violation of state law. Specifically, the lawsuit alleges Geico required adjusters to “record a fixed 7.75-hour workday with an automatic forty-five-minute unpaid meal deduction, prohibited them from reporting overtime without prior approval, failed to pay them for all compensable travel, and deducted so called ‘personal use’ charges from their pay for company-issued vehicles.”

The plaintiff claims that the workers were not provided a fixed office but instead worked remotely, driving to inspection sites. Before leaving home, the workers were required to log into Geico’s internal system using company computers or mobile devices, download files, review customer information, and map routes. Adjusters would then drive from inspection site to inspection site, all the while performing inspections, communicating with customers, uploading information and photographs, and preparing and revising reports. At the end of the day, the workers would have to complete notes, respond to communications, finalize estimates, and upload documentation.

The plaintiff, individually and on behalf of others, claims he is entitled to wages, including overtime, from the time he first logged into the system until he had completed all work activities at the end of the workday. Automatic meal deductions were allegedly improper since he and others were not relieved of work duties.
The plaintiff seeks unpaid wages, unpaid overtime, travel-time compensation, and reimbursement of use of personal vehicles, plus treble damages, attorney’s fees, costs and interest.

The litigation is Luis Morales v. Government Employees Insurance Company (Geico), Superior Court for the Commonwealth of Massachusetts – Suffolk.

Call or email the attorneys at Bohrer Brady, LLC if you have a similar issue. The initial consultation is confidential and fee. Bohrer Brady, LLC, 8712 Jefferson Hwy., Suite B, Baton Rouge, Louisiana 70809; 800-876-3911, [email protected].

10/09/2025

Insurers operating in Louisiana are paying out a shrinking share of claims while raking in record profits from sky-high premiums and massive investment returns.

We need real reforms that put policyholders first, guarantee fair rates, and demand transparency.

07/18/2025

Are You Being Cheated on Overtime Pay? Understanding the “Regular Rate” Under the FLSA

Many employees are shocked to learn that their overtime pay may have been shorted. Under the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to overtime compensation at 1.5 times their “regular rate of pay” for all hours worked over 40 in a workweek. But what exactly is the regular rate? That’s where many employers get it wrong—and where a wage and hour attorney can make a real impact. “Regular rate of pay” does not always mean your base hourly rate. It can be much more.

What Counts Toward the Regular Rate?

The “regular rate” for overtime purposes must include all compensation, not just base hourly wages. This means many additional forms of pay must be factored in when calculating overtime:

Shift Differentials: Extra pay for working nights, weekends, or holidays must be factored into the regular rate.
Nondiscretionary Bonuses: Performance bonuses, attendance incentives, and safety awards are part of the regular rate — even if paid later.

Commissions: Sales-based commissions must be allocated across applicable workweeks and included in the overtime rate.
On-Call Pay & Piece Rates: These, too, must be factored in when determining overtime obligations.
As an example, consider this scenario. Jane is paid a base hourly rate of $10.00. She also earns commissions. During one workweek, Jane works 50 hours and earns $400.00 in commissions; therefore, her total earnings for the work week are $900.00. (50 hours x $10.00 + $400.00). To determine her regular rate of pay for overtime purposes, the employer must divide her total workweek pay ($900.00) by her total hours worked (50 hours). Thus, her “regular rate of pay” for overtime purposes is $18.00 an hour. Her overtime premium for the workweek would be $9.00. This is significantly more than the $5.00 premium she would have earned if using only her base hourly rate of $10.00. Jane may be entitled to recover $4.00 for every hour she worked for up to three years, plus liquidated damages in an equal amount. Her employer would also have to pay her attorney’s fees and expenses.

Common Violations

Many employers mistakenly (or intentionally) calculate overtime based only on the employee’s hourly base rate. That’s a direct violation of FLSA requirements and can entitle employees to:

Back pay for unpaid overtime
Liquidated damages (equal to the unpaid wages)
Attorney’s fees and costs
Recent Cases & Developments

Bohrer Brady, LLC was recently able to secure a settlement with Mobilelink and its affiliated companies regarding calculations of regular rates of pay. Mobilelink, a private Cricket Wireless company, paid its sales personnel an hourly rate plus commissions. According to the plaintiffs, Mobilelink paid its sales personnel overtime based on the wrong regular rates of pay. In most cases, Mobilelink paid overtime based on the employees’ base hourly rates with no consideration of earned commissions. Due to Bohrer Brady, LLC’s efforts, Mobilelink agreed to recalculate the employees’ regular rates of pay, including the earned commissions, and back pay all unpaid overtime wages, plus an equal amount in liquidated damages. Mobilelink also agreed to pay service awards to the named Plaintiff and separately pay attorneys’ fees and costs. Alvarez, et al. v. MFK, LLC d/b/a Mobilelink, et al., Civil Action No. 4:21-cv-02058, pending in the United States District Court for the Southern District of Texas.

In Landry v. West Ascension Parish Hosp. Serv. Dist. d/b/a Prevost Hosp., No. 3:20-cv-00541 (M.D. La.), the attorneys at Bohrer Brady, LLC were able to obtain a $1,050,000 settlement, which included the back pay of unpaid overtime wages caused by regular rate violations. Among other things, the employer failed to include shift differential when calculating overtime wages for nurses and CNAs.

Need Help with a Regular Rate Claim?

Our firm actively investigates and litigates FLSA violations involving regular rate miscalculations. If you have been paid overtime based only on your base rate, you may have a claim for unpaid overtime, liquidated damages, attorneys’ and costs if you also earn commissions, shift differential pay, or non-discretionary bonuses such as production, attendance, and shift bonuses.

For more information:

Discover how overlooked commissions, bonuses, and other pay can impact overtime calculations — and how we fight for fair compensation.

07/18/2025

Big Win for Nurses!

The U.S. Court of Appeals for the Fourth Circuit just upheld a major decision against Medical Staffing of America (Steadfast Medical Staffing) and its owner, Lisa Ann Pitts, for violating workers' rights under the Fair Labor Standards Act (FLSA).

The company was found to have misclassified about 1,100 nurses as independent contractors instead of employees — meaning the worker were not paid their proper overtime pay. The Court affirmed the district court's ruling that the nurses were entitled to unpaid overtime wages totaling nearly $5, and an equal amount in liquidated damages!

The courts found Steadfast did in fact control the nurses’ schedules, pay, and workplace rules — making them employees, not contractors. Their excuse? They said they relied on legal advice... but the court didn’t buy it.

Bottom line: Employers can't dodge wage laws by calling workers "contractors" when they’re not. This is a win for fair pay and worker protections everywhere.

Call Bohrer Brady, LLC is you have a wage issues. (800) 876-3911, or email any questions to [email protected].

Call now to connect with business.

05/15/2025

02/28/2025

The report was never given to lawmakers.

11/06/2024

https://www.businessreport.com/article/local-auto-glass-company-settles-lawsuit-over-alleged-overtime-violations

Advanced Windshield Repair has reached a settlement in a collective action lawsuit that alleged violations of the Fair Labor Standards Act.

08/14/2024

Bohrer Brady, LLC is pleased to announce that a seven-year legal battle has resulted in a $7.3 million settlement between thousands of homecare workers and Los Angeles County Department of Public Social Services. The settlement resolves claims that the county improperly denied overtime pay in violation of the Fair Labor Standards Act. The settlement was approved by U.S. District Judge Percy Anderson of the United States District Court for the Central District of California on Friday. The DPSS is in charge of managing programs financed by the federal, state, and local governments for those in need of cash support, food stamps, health insurance, training, and help finding employment. The two lead plaintiffs received $10,000 service awards for their efforts, in addition to their recovery of unpaid overtime wages.

Bohrer Brady, LLC, together with Nichols Kaster PLLP and Rosen Marsili Rapp LLP, represented the homecare workers. The case is Ray et al. v. California Department of Social Services et al., No. 2:17-cv-04239, in the United States District Court for the Central District of California.

Call the attorneys at Bohrer Brady, LLC (800) 876-3911, or email use at [email protected], for a free initial consultation if you believe you have been denied overtime wages.

02/02/2024

Bohrer Brady, LLC is Pleased to Announce $5,035,000 Wage and Hour Settlement

Bohrer Brady, LLC partnered with Getman, Sweeney & Dunn to represent home healthcare workers in a wage and hour collective/class action lawsuit against Avondale Care Group, LLC. Severino v. Avondale Care Group, LLC, No. 1:21-cv-10720 (S.D.N.Y.). The workers filed suit individually and on behalf of similarly situated home healthcare workers who worked 24-hour shifts. The workers claimed Avondale violated the Fair Labor Standards Act (“FLSA”) and New Your state laws by failing to pay wages, including overtime, for all hours worked. Avondale allegedly deducted time for sleep and meals when many home healthcare workers were unable to take breaks for sleep or meals due to the nature of the services provided and the care needs and demands of their patients. The workers further alleged that Avondale committed wage statement violations by not properly listing their actual hours worked on their paystubs. The workers sought unpaid wages, liquidated damages, statutory penalties, attorneys’ and costs.
After intense litigation, the parties reached a $5,035,000 settlement. Over 700 home healthcare workers participated in the litigation and settlement amounts averaged $4,400. The largest award to a single worker was more than $37,000.

Magistrate Judge Stewart D. Aaron granted final approval of the settlement on January 31, 2024. The settlement will become final thirty days thereafter. Settlement checks are expected to be mailed in mid-March.

Bohrer Brady, LLC represents workers who have been denied earned wages including overtime pay. If you feel you have not been paid all your earned wages or overtime, call the attorneys at Bohrer Brady, LLC for a free initial consult. You may be entitled to unpaid wages, liquidated damages, statutory penalties, attorneys’ fees and costs. Bohrer Brady, LLC, 8712 Jefferson Highway, Suite B, Baton Rouge, Louisiana 70809; Office: (225) 925-5297; Toll Free: (800) 876-3911; Text: (225) 247-4021; Email: [email protected]; Website: www.bohrerbrady.com.