Wage and Hour Law Blog Posts
Get Lunch or Get Paid
May 22, 2013
by William Parsons
This post was co-written by Attorneys Bill Parsons and Jason Knutson from Habush Habush & Rottier, S.C. Nurses' shifts are often fast-paced, hectic, and stressful. The workload, demands on time, and desire to provide excellent patient care sometimes make it impossible for nurses to take a meal break. Uninterrupted 30 minute meal breaks are essential for patient care and are also required by law... more->>
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Off-the-Clock Work Must Be Compensated in Wisconsin
May 10, 2013
by Michele Sumara
If your employer requires unpaid off-the-clock work for your job, you may think that’s not fair. It’s not. And it may be illegal. Forcing workers to carry out off-the-clock work duties either before or after their shifts is common practice, but often workers can stand up for themselves to receive fair compensation for unpaid overtime. Why Off-the-Clock Work Happens Federal and Wisconsin law ... more->>
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Johnson and Murshid File Class Action Suit to Recover Wages on Behalf of La Fuente Servers
April 03, 2013
Attorney Larry Johnson speaks to Fox 6 Milwaukee about the federal class action lawsuit filed April 2, 2013 against local Mexican restaurant La Fuente. La Fuente servers have charged La Fuente with illegally docking workers' pay and failing to pay servers for certain pre-shift work at the restaurant. For more information about the case contact us at 800-236-3348. Restaurant workers who feel ... more->>
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What is an "Exempt" Employee?
April 02, 2013
by Summer Murshid
Is your employer required to pay you overtime when you work more than 40 hours a week? Or is your job exempt from overtime due to the nature of your work? What is an "exempt" employee anyways? One of the most common issues in employment law is misclassification of exempt employees, which occurs when an employer incorrectly determines an employee is not entitled to overtime pay. Many employees ... more->>
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IMPORTANT INFORMATION YOU PROBABLY DON’T KNOW (BUT SHOULD!) ABOUT WAGE AND HOUR LAWS
February 15, 2013
by Summer Murshid
Wage and hour cases come in all shapes and sizes. In many instances, clients call us with issues that have nothing to do with a wage and hour claim. For instance, someone may call with a potential employment discrimination or workers compensation claim and after a few minutes realize they have a viable wage claim as well. Often times, individuals who are paid illegally are unaware and presume ... more->>
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OVERTIME EXEMPTION SERIES: OUTSIDE SALES EMPLOYEES
December 11, 2012
by Summer Murshid
Employees who have a primary duty of “making sales” or “obtaining orders” and who regularly work away from the employer’s place of business (“outside”) are exempt from the federal overtime and minimum wage requirements. The outside sales exemption is unique from other overtime exemption categories because it does not have a salary basis requirement or a minimum salary requirement and because it ... more->>
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COURT GRANTS FINAL APPROVAL IN CAPTEL OVERTIME LAWSUIT
December 03, 2012
On November 7, 2012, Judge Conley of the United States District Court for the Western District of Wisconsin granted final approval of the class action settlement in the matter of Draper v. Captel, Inc., Case No. 11-cv-535 (W.D. Wis). The settlement provides payment of back overtime wages and liquidated damages for approximately 3,000 captioning assistants working at Captel during the past two ... more->>
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OVERTIME EXEMPTION SERIES: ADMINISTRATIVE EMPLOYEES
November 12, 2012
by Summer Murshid
In Part II of our overtime exemption series, we review the exemption from overtime pay for administrative employees. The following requirements must be met in order for an employee to be properly classified under the administrative exemption: (1) You have the primary duty of performing “office or non-manual” work; Primary duty does not mean it is your ONLY duty to perform “office or manual” ... more->>
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RECORDS OF TIME AND WAGES EMPLOYERS MUST KEEP
November 07, 2012
by Lynn Novotnak
Employers must keep records of the hours worked by their employees, including overtime hours, and of the wages the employees are paid. Federal law says that employers must “make, keep and preserve” records on non-exempt employees.1 Those records include, among others, the total hours worked each workday, and the total hours worked each workweek for non-exempt employees.2Similarly, under state law... more->>
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LIQUIDATED DAMAGES UNDER THE FLSA AND THE GOOD FAITH DEFENSE
September 24, 2012
by William Parsons
Employees seeking unpaid overtime or minimum wages under the Fair Labor Standards Act (FLSA) generally seek three types of damages: unpaid wages, attorney fees, and so-called "liquidated damages." Liquidated damages under the FLSA provide a recovery of up to two times the underlying unpaid wages. In other words, if your employer fails to pay you $1,000 in overtime wages, the FLSA allows for the ... more->>
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