Shannon Lee & Connie Robinson v. THR & Association, Inc. 12-vb-3078 (2012). This case comprises the plaintiffs, who file a lawsuit against the defendants for denying them overtime pay, which are an infraction of extra hour’s provisions and exemptions under the Fair Labor Standard Act. These non-exempted employees worked 59.33 hours per week with 19.33 additional hours being overtime hours. Moreover, the plaintiffs unpaid hours combined totaled 9,483 in a permissible retro. The claimant’s claim was asserted and bestowed $12, 207,880.84 plus attorney’s fees of, $119.843.75. Megan Pellino v. Brink’s Incorporated 164 Wn. App. 668; 267 P.3d 383 (2011). This case implicates employees who did not get legitimate meal periods or rest breaks. The laborers were demanded to stay vigilant continually and execute a number of extra errands while on the interstate with no leisure time to rest or eat. This is an infraction of the Labor’s Wage and Hour Division; therefore, the claimant’s claim asserted for “$874,775.70 for overtime pay, $422,536.75 in interest benefits, and $799,155.98” for attorney’s stipends and restitutions (LexisNexis, 2011). …show more content…
J. (2014). Give-me-a-Break or $56.5 Million. Asian Journal. This article implicates that five hourly non-exempt restaurant’s employees who worked ten hours before receiving a meal period and was made to work during their lunch period (Sayas, 2014). Thus, the workers did not get a rest break and demanded to work off the clock without pay (Sayas, 2014). This infraction is in violation of the Department of Labor’s Wage and Hour Division under the minimum paid rest period. Moreover, the employees’ cases were settled out of court for $56.5 million (Sayas,
Susan Kellar contends that she is entitled to overtime under the Fair Labor Standards Act for work performed prior to the official start of her work shift. The district court granted summary judgment in favor of her employer, Summit Seating, because it found that Kellar's pre-shift activities were “preliminary,” that any work Kellar performed before her shift was “de minimis,” and that Summit did not know that Kellar was engaging in pre-shift work. While we disagree with the district court's conclusions regarding the “preliminary”
Hamblett, M. (2004, August 26). 2nd Circuit: Impact of Employer Acts Grounds for Suit: Court rules on disparate impact theory of recovery. New York Law Journal. Retrieved April 4, 2005 from http://www.law.com/jsp/article.jsp?id=1090180422885
Ehrenreich didn’t want to be a waitress any more than some waitresses, but she did it for her research. Ehrenreich once stated that, “Waitres sing is also something I’d like to avoid, because I remember it leaving me bone-tired when I was eighteen.” (13). Her first job was at Hearthside, a restaurant in Key West, Florida. She was hired as a waitress, starting at $2.43 plus tips. She worked the afternoon shift. Hearthside was being managed by a West Indian man by name of Phillip. The management wasn’t the best. They treated their employees disrespectfully. At an employee meeting, they were threatened by the management. Ehrenreich stated, “I have not been treated this way-lined up in the corridor, threatened with locker searches, peppered with carelessly aimed accusation-since junior high school” (24). When they were just standing around, the manager would give them extra work to do. According to Ehrenreich, “You start dragging out each little chore because if the manager on duty catches you in an idle moment, he will give you something far nastier to do. So I wipe, I clean, consolidate catsups bottles and recheck the cheesecake supply, even tour the tables to make sure the customer evaluation is standing perkily.” (22). They were hired at Hearthside to serve the customers. There are twenty-six tables in the whole restaurant. All the food must be placed on the food trays; small items were to be carried in a bowl, and no refills on the lemonade (1...
“Even in the modern day world, women struggle against discriminatory stigmas based on their sex. However, the beginnings of the feminist movement in the early 20th century set in motion the lasting and continuing expansion of women's rights” (Open Websites). One such organization that pushed for women’s rights was the National American Women Suffrage Association (NAWSA) established in 1890. The NAWSA was the largest suffrage organization and worked toward securing the right to vote. The NAWSA however was split into two, the NAWSA and the National Women’s Party (NWP), when suffragists were disagreeing on how to achieve their goal.
People slave for a number of hours of work and find themselves with minimum wage salaries and working with people they don’t want to be around with. In her article Serving in Florida, Barbara Ehrenreich goes undercover as a low-wage worker for various jobs to expose the working conditions of working class Americans. Throughout her essay, she discusses how the employees are fearful of losing their jobs even though they are forced to work in inhumane conditions such as long hours, with no breaks between shifts. While undercover, Ehrenreich attempts to make an argument on how the upper and middle class can find it difficult to survive under minimum wage jobs and allow readers to figure out what can be done to change the restaurant business.
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
Imagine having to clock out mid-shift to prevent getting paid overtime, but not leaving for another hour or two. Having to punch out for break but work through it, or having a paid vacation taken away as if it never existed? Situations relative to these are reality and are classified as wage theft, defined by the wage theft website as “a variety of infractions that occur when workers do not receive their legally or contractually promised wages” (Wage Theft). The public is generally uneducated of the concept of wage theft and the effects it has on our society, let alone what can be done about it. The Wage Theft Prevention Act, an act established in 2011 by the state of New York, provides laws protecting working citizens, and is an act that should be effective nationwide. As a country, we support the terms “freedom”, “equality”, and “rights”; however, we need to focus on the working citizens of the United States and ensure equal rights for everyone.
Lunch time for the average “nine to five” employee can be one of the most enjoyable experiences of the day. Restaurants and businesses like coffee shops realize this, so, they want to offer the best deals they can to garner their consumer’s attention. Four dollar meals and happy hour coffee deals satisfied hunger and the wallets of both the businesses and famished employees for what appears to be of little cost. Except, there is a cost and it is at the expense of nearly thousands of prisoners. Companies like Wendy’s or Starbucks benefit from labor provided by prisoners who, coincidently, get paid an average of four dollars a day.
Leigh, Carol. "Labor Laws, Not Criminal Laws, Are the Solution." The New York Times 19 April 2012: Print/Web.
Fast-food workers have been protesting for a minimum wage of $15 dollars an hour and the freedom to unionize. The workers have organized numerous protests this year. During the protests they have walked out and chanted slogans regarding their pay. The main fast-food companies that are effected is McDonald's and Burger King. They both have stated that they will not press charges and indeed are allowing the workers to return. These workers that are participating in the strike doesn’t represent the majority of the fast-food employees. The people participating in the strike are not only youths but adults and elders as well. Due to the countries low employment rate many of these workers are supporting a family or other dependents. This is where most of the fast-food workers are getting their motivation to protest this industry. Unfortunately, many Americans are questioning the negative economic effects of their proposed wage and their lack of worthiness to receive that big of a pay raise. However, I believe that with some adjustment and research we can find a way to make everyone happy. My solution advises that we support Obama’s nine dollars an hour minimum wage proposal. It will give the fast-food workers financial support, release the burden of the taxpayer’s assistance, and keep inflation balanced.
A precedent case changed the way several businesses handle EEOC grievances. In the case of Arbaugh v. Y&H Corp, a female employee brought a lawsuit against her former employer claiming she had been sexually harassed and a lower court jury found in favor of the employee and award her punitive and compensatory damages. The employer did not realize an exclusion from the Civil Rights Act of 1964 applied to the business due to the small number of employees on the payroll. The Supreme Court found that even though Y&H Corp. did not employ fifteen or more employee it did not preclude a federal district court from hearing the complaint. This case directly influences the relaxed rules related to the Civil Rights Act for smaller businesses. A component of the thought behind a different level of enforcement for small businesses is they cannot handle the monetary implications of higher standards. Since this case in 2006, employers routinely make the applicable enforcement agency aware they fall below the employee threshold and this has provided an enhanced level of protection (Gentry, Robinson, Dibrell, & Franklin, 2013). This has not mitigated the risk that the EEOC will find a small business has violated Title VII and the business owner must appear in court to provide evidence they are a covered employer. The Arbaugh case created
A fast food chain based out of Texas, “Whataburger” has recently come under the media spotlight. When two police officers entered the restaurant and tried to order, an employee turned them away. The employee’s reasoning for this was that “we don’t serve police officers here”. This certainly violated a psychological agreement between Whataburger and the employee, and ultimately had a negative impact on the employee and the business organization. The worker was swiftly fired by Whataburger, which results in a negative impact on the employee’s life. The worker was not the only party to suffer from this incident; Whataburger’s public image was certainly tarnished as well.
Schaumber, Peter. "Big Labor is co-opting worker centers to avoid federal law." TheHill. N.p., 26 Nov. 2013. Web. 29 Nov. 2013. .
Administrative Law Judge (ALJ) George McInerny found Electromation, Inc. guilty of “unfair labor practice charge under Section 8(a)(2) [and (1)] of the NLRA” (Hogler, 1993, p. 261). Electromation, Inc. is guilty of forming and interfering in labor organizations disguised as action committees. The five action committee subjects were: absenteeism/infractions, no-smoking policy, communication network, pay progression for premium positions, and attendance bonus program (Reed & Bogardus, 2012, p. 560).
In America, many are not aware of the inequalities that exist in the Food Service. The food service sector has at least 125,951 companies and approximately 12 million employees with almost 7 million foreigners. This sector includes individually owned restaurants, mid-priced chains, quick service (fast food), hotels, and beverage establishments. Food service plays a major role in institutional establishments like schools, hospitals, prisons and meals on wheels. They cater to the tastes of their particular customers and are often leaders of food innovation. In the food service, we find: bartenders, wait staff, hosts, busboys, chefs, cooks, managers, and dishwashers .The food service workers perform a variety of customer service, food preparation and cleaning tasks, all that which are very important to keep a business running. More concerning , some of the major working conditions that foodservice workers face with daily is no health benefits and significantly low wages. These employees working in the food industry make it possible for millions of people to enjoy food in restaurants but are not being treated or appreciated fairly.