National Wage and Hour Law, 43000 W. 9 Mile Road , Ste 301, Novi, MI (2026)

09/03/2024

Ash Law Secures $1.695 Million Dollar Settlement on Behalf of Remote Workers

Attorneys Charles Ash and Oscar Rodriguez recently secured a settlement of nearly $1.7 million dollars for a collective of approximately 4,000 remote workers.

In the lawsuit, the Plaintiffs alleged that they were misclassified as independent contractors and often paid based on their scheduled hours, rather than the hours worked. As a result, they were not paid for certain pre-, mid-, and post-shift work performed for the benefit of their employer.

29 C.F.R. § 778.223 of the Department of Labor’s regulations defines “hours worked” as “[a]ll time during which an employee is required to be … at a prescribed workplace and [a]ll time during which an employee is suffered or permitted to work whether or not he is required to do so.” Additionally, federal wage laws provide for an expansive definition of the term “employee.”

The settlement brings an end to nearly a year of contested litigation and provides the settlement collective with a substantial amount of their alleged unpaid wages.

For more information regarding wage and hour laws, call Ash Law, PLLC at 734-234-5583.

08/21/2023

ASH LAW OBTAINS $1.275 MILLION DOLLAR SETTLEMENT ON BEHALF OF PRIVATE HEALTH INSURANCE COMPANY EMPLOYEES

On July 10, 2023, the United States District Court for the District of Minnesota approved a $1.275 million dollar settlement for hourly workers that alleged they were not paid for compensable pre-, mid-, and post-shift work activities.

In the lawsuit, the plaintiffs alleged their employer maintained written policies and performance metrics that pressured hourly employees into performing certain off-the-clock work tasks before, after, and during their shifts. Additionally, in violation of the Fair Labor Standards Act, the plaintiffs alleged their employer failed to include certain non-discretionary bonuses in the calculation of their overtime rates.

If you are an hourly employee that has experienced off-the-clock work, contact Ash Law at 734-234-5583 or visit www.nationalwagelaw.com.

08/29/2022

Is your overtime rate being calculated correctly? If non-discretionary bonuses are not being included in the calculation of the overtime rate, then the answer is no.

Examples of nondiscretionary bonuses include: bonuses based on a predetermined formula; bonuses for quality and accuracy of work; bonuses that are announced to employees to induce them to work more efficiently; attendance bonuses; and safety bonuses.

To properly calculate an overtime rate, an employer must follow the following steps:

Step 1: Total compensation for the week (except the statutory exclusions) ÷ Total hours worked in the week = Regular Rate per hour for the week (must be at least the federal minimum wage)

Step 2: Regular Rate x (.5) = Half-time premium for each overtime hour (note the straight time for the overtime hours is included in Step 1)

Step 3: Half-time premium pay rate x Overtime hours = Overtime compensation due.

If you believe there may be an issue with the way your employer pays your overtime, then send us a message or call us at 734-234-5583.

07/31/2022

In recognition of widespread wage abuse in the call center industry, the United States Department of Labor (DOL) issued Fact Sheet #64. In what the DOL describes as "[t]ypical problems" in the industry, the fact sheet explains "employees must be paid for all hours worked." More specifically, the hours worked by an employee includes "all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work, from the beginning of the first principal activity of the workday to the end of the last principal activity of the workday ... An example of the first principal activity of the day for agents/specialists/representatives working in call centers includes starting the computer to download work instructions, computer applications, and work-related emails." A copy of the DOL's fact sheet can be found here: https://www.dol.gov/agencies/whd/fact-sheets/64-flsa-call-centers.

In other words, employers must pay call center workers for all of the time the spend loading and logging into work related computer programs and applications. In the past, employers have attempted to defend these off the clock work claims by employing the so-called "de minimis" doctrine which relieves employers from liability for small amounts of off the clock work. However, last year, in Peterson v. Nelnet Diversified Solutions, the 10th Circuit Court of Appeals held the doctrine was inapplicable to call center agents' off-the-clock work claims related to time spent booting up/shutting down their computer systems.

Address

43000 W. 9 Mile Road , Ste 301
Novi, MI
48375

Telephone

+17342345583

Website

http://www.nationalwageandhourlaw.com/

Alerts

Be the first to know and let us send you an email when National Wage and Hour Law posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to National Wage and Hour Law:

National Wage and Hour Law