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222 East Erie Street, Suite 210
P.O. Box 442
Milwaukee, WI 53201-0442
Phone: (414) 271-8650 or (800) 236-3348
Fax: (414) 271-8442
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Madison
222 W. Washington Ave., Suite 450
P.O. Box 2155
Madison, WI 53701-2155
Phone: (800) 610-0040 or (608) 257-0040
Fax: (608) 256-0236
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Wage and Hour Law Blog Posts

NLRB Rejects No Class Action Arbitration Agreements, Again

October 31, 2014
by David Zoeller

The NLRB is not backing down on its position that employees have a right to proceed collectively, which cannot be waived. On October 28th, the majority of the Board struck down an employer’s arbitration agreement which would have precluded the employees from perusing claims jointly, collectively, or as a class against the employer. Murphy Oil USA, Inc. and Sheila M. Hobson, Case No. 10–CA–038804 ... more->>

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La Fuente Restaurant Class Action Settlement On Behalf Of Waiters and Waitresses Approved By Court

October 16, 2014

Judge Rudolph T. Randa of the Eastern District of Wisconsin granted final approval of a $235,000 class action settlement on behalf of waiters and waitresses against La Fuente’s three Milwaukee area restaurants. Case No. 13-cv-366. Hawks Quindel, S.C. brought the lawsuit on behalf of the waiters and waitresses in 2013 alleging La Fuente violated b oth state and federal wage laws by: Failing to ... more->>

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Attorney Zoeller Quoted in Washington Post Article on Reform of Rules Regarding Who is Considered Exempt From Overtime

October 10, 2014

Attorney David Zoeller quoted in Washington Post story on low pay for retail store managers. The story highlights the need for DOL reform in who is considered exempt from overtime. Information on proposed DOL rule making can be found in this blog post by Attorney Zoeller.... more->>

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Court Grants Final Approval For Settlement On Behalf Of Security Officers Required To Attend Unpaid Training

October 09, 2014

Judge William Conley has granted final approval to a $150,000 settlement on behalf of security officers working for Total Security Management in Wisconsin, Illinois, Indiana, Missouri, and Arizona. Hawks Quindel, S.C. brought this case in 2012 on behalf of workers who provide security services. These security officers were required to attend training without compensation. Settlement funds will ... more->>

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Court allows sales representatives in Wyndham's Wisconsin Dells location to pursue off the clock claims collectively

August 14, 2014

The attorneys at Hawks Quindel and Nichols Kaster announce a significant development in an unpaid wage class action brought on behalf of sales representatives employed by Wyndham Vacation Resorts (Wyndham), after a federal district court in Madison granted the plaintiffs' request for conditional class status. The case was initially filed in June 2013 by two former sales representatives who had ... more->>

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Attorneys Halstead and Zoeller to Present at Health, Labor, and Employment Law Institute

August 07, 2014

Attorneys Aaron Halstead and David Zoeller will be among the presenters at the Health, Labor, and Employment Law Institute in Wisconsin Dells on August 21 and 22. The third annual Institute from State Bar of Wisconsin provides comprehensive information for judges, lawyers, legal staff, and other legal professionals to stay current on new developments for their health, labor, or employment law ... more->>

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Tipped Employees and Minimum Wage in Wisconsin

June 24, 2014
by Caitlin Madden

Servers, waiters, and other tipped employees are especially vulnerable to wage theft. The Department of Labor performed nearly 9,000 investigations of restaurants between 2010 and 2012, and found 83.8% of investigated restaurants had violated wage and hour laws. This post examines a common issue for tipped employees: whether an employer can pay the tipped minimum wage for time spent performing ... more->>

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Employees Paid Improperly When Employers Misunderstand What Counts as "Work"

June 13, 2014
by Timothy Maynard

Most people know they should be paid at least the minimum wage, plus overtime pay, by their employers. Since 1938, minimum wage and the 40-hour workweek have become standard, common-knowledge concepts under an employee’s right to fair pay in the American workplace. However, every year employees all over the U.S. are deprived of their right to earn the minimum wage and overtime pay for their work.... more->>

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Collective and Class Actions are Critical Tools to Helping Employees Enforce Their Rights

May 21, 2014
by Larry Johnson

Many workers are victims of their employer’s refusal to pay them overtime pay or minimum wages. Employers’ illegal conduct comes in many forms – through misclassifying employees as exempt, forcing employees to work through unpaid breaks, forcing employees to work off-the-clock, or by illegally rounding the punch times. Whether the employer is violating the law willfully, or not, workers can find ... more->>

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Department of Labor Likely to Increase the Salary Amount Requirement for the FLSA’s White Collar Exemptions

May 08, 2014
by David Zoeller

President Obama recently announced his intention to ask the Department of Labor to update aspects of the DOL’s enforcement of the Fair Labor Standards Act, which, in part, dictates which workers qualify for overtime pay. Even Salaried Workers Must Be Paid Overtime Unless They Are “Exempt” A popular misconception about overtime pay is that anyone receiving a salary, or any form of compensation ... more->>

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