Veterans Rights: What Employees Need to Know

If your employer has at least one employee, then the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) applies.  USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve. … Continue reading

White House Increase Overtime Eligibility by Large Numbers

Starting December 1, 2016, if you earn less than $47,476.00 per year in salary you will be entitled to overtime for all hours worked over 40 in a work week. Currently, employees who are bona fide administrative, executive or professional … Continue reading

Are you an Employee or an Independent Contractor?

You sign a contract with a company and the contract states at the top that it is an “Independent Contractor’s Agreement”.  It spells out how are will get paid, where you are going to work and what you are going … Continue reading

Prevailing Party Attorney Fee

Being Owed Money Doesn’t Always Mean You Can Get It All or “Why to include a “Prevailing Attorney Fee Clause in Your Contract” I often have clients who have good cases where they are owed money for work they performed.  … Continue reading

Age Discrimination Case That The Company Could Never Win

As we’ve written before on this site, age discrimination is a difficult claim to prove.  It is difficult because age has to be, essentially, the sole reason that the employee was terminated.  Employers don’t usually say, “we have to let … Continue reading

Overtime for working from home

Are you entitled to Overtime for working from home even though your employer has a “no overtime” policy? This was the question presented by a recent case we handled and successfully resolved.  There are any number of jobs that require … Continue reading

Are you really an Independent Contractor?

Recently the U.S. Department of Labor (“DOL”) released an information document which is designed to clarify the rules surrounding the sometimes confusing distinction between independent contractors and employees.  Some employers attempt to categorize employees as independent contractors to avoid paying … Continue reading

New Rules for Overtime

New Rules for Overtime Are Coming ant It’s Good News for Middle Mangers Earning Less than the Poverty Rate but Not Entitled to Overtime. In the very near future, the Department of Labor is expected to release new regulations increasing … Continue reading

Forced to Sign Arbitration Agreements?

Potential Help Coming For Employees Forced to Sign Arbitration Agreements When most people are hired they are told to go to see someone in HR who gives them a packet of papers to sign, including tax forms, acknowledgement of receipt of … Continue reading

St. Petersburg Wage Theft Ordinance

St. Pete is the first city in Florida to pass ordinance to combat wage theft BY STEVEN GIRARDI Tribune staff Published: April 16, 2015 ST. PETERSBURG — Workers in the city who have been cheated out their wages or underpaid … Continue reading