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Read our Latest Blog Posts
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No-Hire Agreements are not Enforceable
Pennsylvania Invalidates “No-Hire” Agreement In another win for employees, the Pennsylvania Supreme Court recently struck down a “no-hire” agreement between two unrelated corporations. See Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC, Case No. 31 WAP 2019 (Penn. Supreme Court, April 29, 2021). The case is notable for many reasons including the fact that the […]
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Is Travel Time Compensable Time?
Flying Time is Paid Time Says Washington State Court A Washington State court has recently held that employees who are engaged in travel for work-related business must be paid for ALL hours spent traveling including time going to and from airports and time spent in the air. See Port of Tacoma v. Sacks, Case No. […]
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New York Gig Worker Protection Law
New York City Passes Gig Worker Protection Laws On September 23, 2021, New York City passed a package of city laws aimed at protecting the City’s “gig economy” workers, particularly its food delivery workers. As we discussed in a prior post, here, some federal courts have already found that gig workers are employees (as opposed […]
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Paid “By-the-Day”? You Might be Owed Overtime, Even if Highly Paid
Salaried-Exempt from Overtime? A federal court of appeals recently issued an opinion holding that, if an employee is paid “by-the-day,” that employee is not exempt from overtime—and thus, is entitled to overtime pay. This applies even if the employee is highly paid — that is, receives more than $50,000 to $100,000 or more in annual […]
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Unpaid Wait Time
Unpaid Health Screening Time As Reuters recently reported, Amazon.com, Inc. is being sued for failing to pay wages to workers required to wait in line for COVID-19 health screening. As reported and as alleged in the legal complaint against Amazon, workers were required to wait in long lines before entry into Amazon’s order-fulfillment centers (and […]
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Tip Pooling vs Tip Credit: What is the Difference?
It is crucial for employees to know and understand their rights, especially employees working in the restaurant and hospitality industries. If you think your employer has been violating your legal rights as an employee, you need to seek counsel from lawyers like those at Herrmann Law, who are dedicated to vindicating the rights of employees. […]
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Compensation for On-Call Time
Workers Entitled to Compensation for Being “On-Call” Employers have many methods of stealing wages from their workers and even stealing their time. One example of time theft is when employers require workers to be “on-call” waiting to be activated for a shift or waiting to begin engaging in work duties. Many employers attempt to avoid […]
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North Carolina Enhances Worker Protections
North Carolina workers recently received enhanced protections as the North Carolina legislature passed several amendments to the North Carolina Wage and Hour Act — N.C. Gen. Stat. 95-25.1, et seq. Governor Cooper signed the new law in early July 2021 and the changes have already gone into effect. This is good news for North Carolina […]
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Restaurant Servers Win on Appeal: Why “Burden of Proof” Matters for Workers
Why “Burden of Proof” Matters for Workers Determining which party has the burden of proof in a legal proceed can be a complicated issue. This is one reason that it is important to seek legal advice and representation from employee-focused attorneys if you think that your employer has violated your rights. Workers often assume, albeit […]
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Federal vs State Labor Laws
Federal Labor Laws vs State Labor Laws and Why the Difference Matters Protecting the legal rights of employees is complicated. One of the biggest complexities involves the overlap of federal labor laws and state labor laws. Generally, when a state’s labor laws are more protective of workers’ rights, then the state law will control for […]
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Connecticut Joins the Right of Recall Movement
There is a trend in pro-employee legal protections emerging in states across the nation. Among these emerging protections are laws under the Right of Recall movement. In brief, when new employment opportunities become available, right of recall legislation requires employers to notify previously laid-off employees of the new openings and to rehire, or recall, those […]
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How much Side Work? The 80/20 Rule Set to Return
In a “win” for workers, the federal Department of Labor has proposed new regulations regarding tipped employees, including reinstatement of the 80/20 rule for side work. The new regulations are more “pro-worker” and would make it more difficult for employers to use the tip credit. See here for the newly proposed regulations. Tip credits can […]
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Where are my Credit Card Tips?
Generally, federal and state labor laws mandate that any tip or gratuity received by an employee is money that belongs exclusively to the employee who earned the tip. There are some well-understood exceptions for such activities as tip pooling arrangements. But, under no circumstances, can an employer share in employee tips or convert such tips […]
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New York Construction Workers
New York Passes Wage Theft Protections for Construction Workers New York recently enacted a new wage theft law aimed at enhancing protections for construction workers. See the news report here. Nationally, wage theft results in the loss by workers of billions of dollars in wages and benefits. Wage theft occurs in every industry but is […]
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Virginia Overtime Law
Virginia Enacts Pro-Worker Overtime Law for Salaried Employees In 2020 Virginia amended its Wage Theft Law, which we wrote about here. This year, to further bolster employee’s rights to be paid a fair wage, Virginia recently enacted a new law called the Virginia Overtime Wage Act (“VOWA”). In most respects, Virginia’s new law is similar […]
