labor lawAdivision of labor law center

Employers may need to implement new payroll procedures due to a recent 8^th U.S. Circuit Court of Appeals ruling on overtime.

In a Nebraska lawsuit against Famous Dave’s restaurant chain, the appeal court upheld the lower court ruling that the employer should have known that employees were working a more than one Famous Dave’s location.

The restaurant chain is based in Minnesota and has both franchise and company-owened locations throughout the Midwest.

The court found that most Omaha restaurants had policies prohibiting employees from working at more than one location. When an employee had permission to work at several locations, the employer had a system in place to combine the employees hours to calculate overtime.

However, Famous Dave’s  had no policy prohibiting employees from working at more than one location. A number of employees did work at two or more locations. Their hours were not combined to calculate overtime, (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…)

 The federal government has a number of resources for employers affected by natural disasters.

In just the last two weeks, a number of regions have been struck by hurricanes, floods and other disasters. On September 2, Hurricane Gustav struck Louisiana, resulting in FEMA granting emergency assistance to 24 parishes.

On September 13, Hurricane Ike struck Texas and parts of Louisiana with devastating consequences for Galveston, Houston and other areas.

The storm systems continued north, and by September 14 had caused catastrophic flooding in Vermont, New Hampshire, Maine and parts of the Midwest.

The US Department of Labor has set aside $22.2 million in funds (more…)

According to the Alaska Department of Labor and Workforce Development, minors under the age of 16 cannot legally be employed on a commercial fishing boat in the state. There is an exception under the law, however, for a minor working on a boat that is owned and operated by a parent.

Alaska, which traditionally has had a shortage of skilled labor in some areas, has fewer restrictions on child labor than many other states.

Recently, a fatal accident (more…)