“When employers misclassify employees as independent contractors and fail to pay workers their hard-earned wages, the Department of Labor will hold them legally accountable.” This was the strong statement by the DOL when speaking about a medical staffing agency that violated the federal law, the Fair Labor Standards Act (FLSA),…
One of the biggest aspects of the Fair Labor Standards Act (FLSA) that employers continue to violate is misclassifying workers as independent contractors rather than employees. Employers receive massive benefits by misclassifying workers as independent contractors, including not having to offer health insurance or pay minimum or overtime wages. However,…
On January 13, 2022, Martin & Martin, filed a federal lawsuit against Onyx Gentlemen’s Club in Atlanta on behalf of several strippers to recover owed wages and fees. Onyx reopened in February, 2021 and classified its dancers as independent contractors as opposed to employees. As independent contractors, Onyx did not…
The Fair Labor Standards Act (FLSA) is the law that governs the pay of employees in the United States. It requires that companies pay its employees at least minimum wage and at least time and a half for all hours over 40 in a given workweek. In order to get…
A heavily litigated aspect of the overtime and minimum wage laws under the Fair Labor Standards Act (“FLSA”) is whether individuals are incorrectly classified as independent contractors instead of employees. If the individuals are, in fact, employees then they are entitled to minimum wage and overtime pay at a rate…
Our law firm has filed an overtime lawsuit against Spectrum Financial Services, LLC pursuant to the Federal Labors Standard Act (“FLSA”). The federal lawsuit alleges that Spectrum Financial, a national staffing company, hired individuals across the country to work for its client, Accenture, as contract administrators. The Complaint alleges that…
Last month, a Court of Appeals ruled that delivery drivers were employees not independent contractors and therefore, the drivers were entitled to overtime. The case involved a Georgia company called Affinity Logistics Corporation which contracted with Sears to provide home delivery services for various home furnishing retailers. The drivers were…
In June 2012, a fair pay collective/class action case that had been filed against Club Onyx settled. The strippers settled the case for $1.55 million. The strippers brought the case complaining that they were illegally classified as independent contractors as opposed to employees. The dancers claimed that they were actually…
Within the last few years, the issue of the proper status of exotic dancers or strippers has been litigated throughout the country and the general consensus among courts is that they are employees – not independent contractors — and entitled to at least minimum wage and overtime wages under the…
Federal Judge Gardner of the United States District Court for the Eastern District of Pennsylvania ordered kgb USA, Inc. to pay $1.3 million in minimum wage for violations of the Fair Labor Standards Act (“FLSA”). Kgb USA is the world’s biggest provider of directory assistance which hired workers to respond…