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Articles Posted in Wage and Hour Laws

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Thousands of workers opt-in to wage theft lawsuit against Chipotle

Thousands of current and former employees of the restaurant chain Chipotle have reportedly returned paperwork indicating their intent to join a lawsuit against Chipotle for wage theft.  The paperwork went out to current and former Chipotle employees in April and indicated that employees who worked “off the clock” for Chipotle…

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NY Attorney General attempts to pin wage theft claim on Domino’s Pizza corporate

The New York Attorney General recently filed a lawsuit against Domino’s Pizza, Inc. for wage theft.  This lawsuit is noteworthy for many reasons but perhaps the most noteworthy is that Domino’s argues that it does not employ the workers whose wages were allegedly stolen.  Instead, Domino’s claims that its franchise…

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Will expansion of overtime eligibility reduce flexible work options? Is that bad?

The U.S. Department of Labor recently enacted new regulations that will increase the number of workers eligible to receive overtime pay when they work more than 40 hours in a week.  Under the new regulations, among other changes, employees that earn less than $47,476 per year must receive overtime pay—under…

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While Mainers consider minimum wage increase Calif. passes increase to $15/hr

This fall, Mainers will get to vote on whether to increase the state’s minimum wage which currently stands at $7.50/hour.  Depending on how Mainers vote, the minimum wage could increase over a period of time to $12/hour in 2020.  In cities and states around the nation, similar minimum wage increases…

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When employers jointly employ you, the rules for FMLA and overtime pay can be tricky

Many employers in Maine and around the country jointly employ workers.  For example, the relationships between staffing companies and their clients are often designed so that the staffing company and the client jointly employ the workers who perform work for the client.  In these situations, there are special rules for…

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First Circuit holds that jury could reasonably find that Dunkin Donuts store managers are entitled to overtime pay

This week the First Circuit Court of Appeals, whose decisions govern Maine and other New England states, held that a reasonable jury could determine that two Dunkin Donuts store managers should have received overtime pay. The Fair Labor Standards Act (FLSA), a federal law, entitles employees to overtime pay equal…

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California Fair Pay Act recently enacted to address male/female pay differences

This week California enacted the California Fair Pay Act. The California Fair Pay Act will enhance existing laws designed to lessen the pay gap between men and women. “Sixty-six years after passage of the California Equal Pay Act, many women still earn less money than men doing the same or…

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First Circuit permits worker to sue Kansas company in Massachusetts for unpaid commission

The case of Cossart v. United Excel Corp. involves facts that are becoming more and more common these days because of technological advances that make remote workplaces more affordable and easier to use. Mr. Cossart first entered into an employment contract with United Excel in 2010. United Excel is a…

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Second Circuit rules VT immune from FLSA lawsuits

Earlier this week, the U.S. Second Circuit Court of Appeals held that employees of the State of Vermont could not sue Vermont for violations of the employees’ rights under the Fair Labor Standards Act (FLSA). FLSA is a federal law that requires, among other things, employers to pay non-exempt employees…

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Court rules against Uber in wage & hour class action

This week a court in California ruled against the car ride service provider Uber in a class action regarding its classification of drivers as independent contractors.  Some Uber drivers filed the class action because they believe Uber should have classified them as employees, which would entitle them to benefits such…

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