Delivery Driver Class Action Lawsuits at Blanchard & Walker

Many companies require workers to use their own cars for work, yet fail to reimburse their drivers adequately for the use of the car.  Here’s what you don’t know about Pizza delivery drivers.  Delivery drivers end up putting thousands of miles of wear-and-tear on their cars, paying for gas and repairs — before they realize the true cost of delivery driver work.  Continue reading “Delivery Driver Class Action Lawsuits at Blanchard & Walker”

Should I be Getting Overtime Pay If I am Paid on Commissions?

There is an “Commission Sales” overtime exemption under Fair Labor Standards Act, 29 USC Section 207(i)… but are those payments really “commissions”?

Under Section 207(i) commission sales employees are exempt from overtime requirements, but only if:

  1. the regular rate of pay of such employee is in excess of one and one-half times the federal minimum hourly rate (1.5 x 7.25/hr) , and
  2. more than half their compensation for a representative period (not less than one month) represents commissions on goods or services.  29 U.S.C. 207(i).

There are plenty of people that work under phony “commission plans” who actually should receive overtime pay at time and a half for their hours over 40.  Continue reading “Should I be Getting Overtime Pay If I am Paid on Commissions?”

RETURN-TO-WORK: WORKPLACE SAFETY PRECAUTIONS DURING COVID-19

Ten Steps all Workplaces Can take to Prevent COVID-19 Exposure

For those who are working in public during the COVID-19 outbreak, effective workplace safety is a great concern. For everyone’s safety, violations should be reported to local public health departments and appropriate state agencies. Discrimination or retaliation for raising COVID-19 workplace safety concerns is prohibited.

Continue reading “RETURN-TO-WORK: WORKPLACE SAFETY PRECAUTIONS DURING COVID-19”

COVID-19 EMPLOYMENT LAW INSIGHTS AND RESOURCES

The COVID-19 pandemic continues to present many challenges for the Michigan workplace.  The law and circumstances are changing almost daily.  We are regularly monitoring and updating workplace rights resources we have found helpful.  Additional Blanchard & Walker Resource Pages and Factsheets provide more detailed discussion on specific COVID-19 topics:

Continue reading “COVID-19 EMPLOYMENT LAW INSIGHTS AND RESOURCES”

Pizza Delivery Drivers Shorted on Vehicle Reimbursements Achieve Class Settlement in Largest Michigan Lawsuit of its Kind   

Pizza franchises take a slice out of every driver’s pay.

Final approval of the $650,000 settlement package clears the way for the largest known class action settlement of its kind in Michigan – covering ten Hungry Howie’s franchise locations in Mid-Michigan. The Pizza Driver Lawsuits alleged a common complaint among drivers in the industry – that systematic under-reimbursement for mileage and vehicle expenses violates the federal Fair Labor Standards Act and Michigan Minimum Wage laws.  Even while consenting to the settlement, the pizza stores continue to deny liability and deny that they underpay drivers for their vehicle expenses.

Continue reading “Pizza Delivery Drivers Shorted on Vehicle Reimbursements Achieve Class Settlement in Largest Michigan Lawsuit of its Kind   “

COVID -19 EMPLOYMENT LAW INSIGHTS AND RESOURCES

The COVID-19 Outbreak is presenting many challenges for the Michigan workplace.  Yet the law and circumstances are changing almost daily.  We are regularly monitoring and updating workplace rights resources we have found helpful.  We are updating this material as it becomes available.  Keep in mind this is not intended to be legal advice.  Legal rights in any individual case need to be evaluated in consultation with an attorney.

UNEMPLOYMENT BENEFITS AND COVID-19

As of April 13, 2020, the Michigan Unemployment Insurance Agency has begun accepting applications for the broadest category of potential recipients under federal law reforms related to the COVID-19 pandemic. Continue reading “COVID -19 EMPLOYMENT LAW INSIGHTS AND RESOURCES”

Families First Coronavirus Response Act

MDHHS: What should you do if you think you have been exposed?

Responding to the Coronavirus Outbreak as legal professionals means constant monitoring so that we can provide clients and callers with the most up-to-date information and advice possible.   The  Families First Coronavirus Response Act has temporarily expanded paid leave rights in two important ways: creating a paid sick leave benefit for certain workers affected by the outbreak and a 12 week paid caregiver leave for parents caring for minor children during school closures.  How does it work? Continue reading “Families First Coronavirus Response Act”

Blanchard & Walker: Fighting Payroll Fraud for Independent Contractors

Clocking overtime
Company’s Use “Independent Contractor” Agreements to Avoid Paying Overtime to Employees.

Blanchard & Walker lawyers have been fighting for over a decade to secure the rights of cable technicians and other laborers who have been deprived of overtime pay by the use of “independent contractor” labels.  Still, we are amazed by the depth of the problem and astonished to hear how extreme and widespread the abuse of “independent contractor” classifications has become.   Continue reading “Blanchard & Walker: Fighting Payroll Fraud for Independent Contractors”

Blanchard & Walker PLLC : Workers on a “Day-Rate” Pay System are Still Owed Overtime Pay.

“Day-rate” regulations under the Fair Labor Standards Act (“FLSA”) are very clear: “day-rate” workers” are entitled to additional pay for hours worked over forty in a week. The Department of Labor Regulation, 29 C.F.R. § 778.112, requires that when employees paid on a day-rate work more than forty hours in a week, their hourly rate is calculated by totaling all money received in the workweek and dividing by the total hours actually worked in that week. Such employees are then entitled to an overtime half-time premium for all hours worked over forty that week. Continue reading “Blanchard & Walker PLLC : Workers on a “Day-Rate” Pay System are Still Owed Overtime Pay.”

Blanchard & Walker PLLC: Federal Lawsuit Alleges “Day-Rate” Workers Deprived of Overtime Pay for 70+ Hour Weeks

Display Assembly Workers Deprived of Overtime Pay

“Day-rate” regulations under the Fair Labor Standards Act (FLSA) are clear: “day-rate workers,” such as retail display assembly workers, are owed an additional half-time pay for hours worked over 40 in a week.

Blanchard & Walker PLLC Payroll Fraud Case Pending: Plaintiff worked doing construction and demolition of merchandizing fixtures for DisplayMax aka FixtureMax, servicing big box stores such as AutoZone and Meijer. Even though she worked more than ten hours a day, six or seven days a week, she was paid only a straight day-rate for each day worked—without the overtime pay required by law. “Day-rate” regulations under the Fair Labor Standards Act (FLSA) are very clear: “day-rate” workers are entitled to an additional half-time pay for hours worked over forty in a week. Plaintiff in the federal court lawsuit alleges she is owed the FLSA-mandated half-time premium for all overtime hours, and brought the case so that all similarly situated employees of DisplayMax and FixtureMax will have an opportunity to opt-in and recover the overtime pay legally owed to them. Blanchard & Walker lawyers are currently taking calls with impacted workers to investigate the scope of the pay practices at issue.

Bonus reading: The Case for Good Jobs