In a July 2018 decision, the California Supreme Court rejected the idea that the Federal Fair Labor Standards Act (FLSA) inherently applied to a California Starbucks employee’s class action wage claim.
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Prior criminal convictions are no longer a per se bar to employment licensing in Kentucky
In 2017, the Kentucky legislature provided more protection for individuals with criminal backgrounds seeking employment licensing. Many employment fields, public and private, require practitioners to obtain a state license to operate.
When is it ok to lose your cool at work?
In a recent case Meyer Tool Inc. the National Labor Relations Board (NLRB) upheld the traditional legal test used to assess the question: when will an employee’s “outburst” or unprofessional behavior lose the employee the protection of the National Labor Relations Act (NLRA).
“I guess that means that you ain’t black”
“He was running down the street when they shot him in his tracks The only thing agreed upon is he ain’t coming back About the only thing agreed upon Is he ain’t coming back There won’t be any trial So the air it won’t be cleared There’s just two sides calling names Out of anger …
Good news about workers’ rights and class action lawsuits in Kentucky
Some days, it feels like we’re taking two steps back, without even the moment of illusion of progress with one step forward. So it’s about time- long past time- we had some good news for workers’ rights in Kentucky. Here it is! Wage theft is a huge problem in Kentucky (and everywhere across America). When …
EmpowerWest
EmpowerWest. Short for “Empower West Louisville”. Shorter still for “Black and white churches joined together for the empowerment of racially-segregated Louisville’s predominantly-black West End.” Income inequality (the gap between rich and poor) and wealth inequality (the widening gap between people who have and people who have darn near nothing) is bad enough no matter the …
Are politics and religion always divisive?
As the saying goes, “We’re living in interesting times.” That’s putting it way too mildly. The new saying is, “We’re living in divided times.” America is red and blue, liberal and conservative, Democratic and Republican, in or out, up or down. All this division can be exhausting. People of goodwill and balanced temperament, who don’t …
Wage and hour- Who’s The Boss? Part II
I recently wrote about whether or not people who work are truly management for purposes of determining overtime qualification or exemption. It boils down to this: If you’re really a manager and on salary, you’re exempt from overtime. If you’re not really a manager, no matter what they call you, and you’re hourly, you’re entitled …
The Tip of the Iceberg
People say it to me all the time. They say, “I know it, but I can’t prove it.” Or, “How are you going to prove it?” How do you prove an employer’s illegal intent to discriminate? How do you prove harassment? How do you find enough evidence of wage-hour violations to win? In short, I …
Trouble on the job, but you’re afraid?
People sometimes call me while they are still employed. They’re being harassed, and they don’t know what to do about it. Or, they think termination is looming: it’s just a matter of time. They don’t know if they might get fired, but they’re upset. Or, they’re sure they have unpaid wages coming to them, but …