labor lawAdivision of labor law center

Despite a recent ruling in the 9^th U.S. Circuit Court of Appeals, the U.S. Department of Labor is targeting employers who violate wage and hour laws.

The federal Department of Labor has filed several class action suits in recent months against employers who require – or permit – employees to work “off the clock.” Violations include permitting employees to work while on unpaid meal breaks, or permitting employees to “volunteer” after hours and on weekends.

The FLSA or Fair Labor Standards Act permits the government to file collective actions on behalf of a group of employees in a similar situation. Employers are generally liable for 2 years of back pay, and 3 years in the case of willful violations.

In a recent ruling limiting membership in such class action suits, the 9^th Circuit Court of appeals ruled that an employee can join a collective action only if he or she files written consent with the court at the time the action is brought.

In Smith v. T-Mobile USA, two employees in California voluntarily settled their claims for working during unpaid breaks. Later, the two filed motions to be included in the collective action suit against T-Mobile USA, Inc. The 9^th Circuit denied the employees’ motions, ruling that because they had opted out of the suit at the beginning, they could not join it at a later time.

Colleen F. O’Keefe, an employment lawyer (more…)

 A firm specializing in information technology has been ordered to pay nearly $1.7 million in back wages to H-1B non-immigrant workers following an investigation by the U.S. Department of Labor in a case that should sound a warning for every employer.

The company, GlobalCynex, Inc. ,  is a division of Sterling information technology. According to its website, the company bills itself as “a leading Global Consulting and IT services company, providing a broad array of solutions customized for a range of key verticals and horizontals. From strategy consulting right through to implementing IT solutions for customers, providing innovative business and technology services that deliver measurable results.”

The total award of $1,683,584 to 343 workers amounts to (more…)

The U.S. Department of Labor has filed a lawsuit on September 25, 2008 against Houston-based CEMEX Inc. for overtime violations. The suit maintains that the company failed to pay $5 million in overtime to more than 2,000 drivers from eight states. The employees were drivers of ready-mix concrete trucks.

CEMEX, founded in Mexico in 1906, provides cement and other building supplies for the construction industry. The company’s website claims it employers more than 60,000 employees in 50 countries on 5 continents.

Affected employees of CEMEX worked in Texas, (more…)