For instance, in another proceeding, there was an injunction entered against a car dealership forbidding it from retaliating against male employees who allege they were sexually harassed—and who, the judge found in the case of one former employee, received death threats.   In a ruling last week in an Albuquerque, N.M., hearing, Chief U.S. District Court Judge Bruce Black issued the preliminary injunction against Albuquerque-based Pitre Inc. after hearing testimony from numerous current and former male employees expressing concern about retaliation by the car dealership, which Equal Employment Opportunity Commission has sued.   The underlying lawsuit, which was filed Sept. 29, 2011, alleged the dealership subjected a group of men to sexual harassment for more than 10 years and retaliated against those who complained to management. According to the suit, male co-worker James Gallegos “grabbed, slapped and/or touched” male employees on various parts of their bodies, frequently exposed himself to other male employees and solicited sexual relations, among other acts. When the workers complained, they were subject to retaliation, according to the suit, which said Mr. Gallegos was terminated in 2010. Fear of participating After holding an evidentiary hearing in December, Judge Black issued a “court’s findings and fact and conclusions of law,” which said half of the individuals interviewed by the EEOC’s paralegal had “expressed extreme fear” about participating in this lawsuit because of retaliation concerns. The named plaintiff in the case, Richard Yob, felt forced to move to another city. When he returned at one point to speak to the FBI, “he found his vehicle had been vandalized with a threatening message on the windshield,” according to the EEOC’s suit. The preliminary injunction prohibits the dealership from contacting any other area car dealerships and asking them to refuse to hire any of the participants in the litigation. “We want to make sure witnesses and victims of discrimination are able to come forward without fear of physical harm and without fear they’ll be blackballed in the industry they’re working in,” Ms. O’Neill said. A spokesman for the dealership could not be reached.

If you believe you have been the subject of same sex sexual harassment or any other type of workplace discrimination, feel free to call Scott Behren and the Behren Law Firm for a free consultation.

Same Sex Sexual Harassment Suits on Rise-Especially at Car Dealerships is a post from: Behren Law Firm Blog

In its lawsuit filed in U.S. District Court for the Central District of California (EEOC v. American Apparel, Inc., Case No. CV 10-7280-MMM (MAN), the EEOC charged that the company violated federal law when it fired a garment worker while he was on leave because of a disability, and thereby failed to accommodate him based upon that disability, a violation of the Americans with Disabilities Act (ADA).

As part of the three-year consent decree settling the suit, American Apparel has adopted a comprehensive ADA policy; agreed to provide training to its managers and supervisors regarding the ADA; will inform employees about their rights under the ADA and how to seek accommodations under it; and will designate an ADA coordinator who will oversee implementation of the decree and the company’s ADA policy going forward. In addition, American Apparel will pay the terminated garment worker $40,000.

If you believe you have been discriminated against or terminated due to a disability, feel free to contact Scott Behren and the Behren Law Firm for a free consultation.

American Apparel Settles EEOC Disability Suit for $60,000 is a post from: Behren Law Firm Blog

Nichiha USA Ordered by Department of Labor to Pay for FMLA Violations is a post from: Behren Law Firm Blog

Some of the  laws on this issue are starting to change and hopefully  more bank employee will come forward with these types of claims.

A former loan officer has filed a lawsuit against an East Texas bank for violating federal labor regulations by not paying its loan officers overtime wages.
Claiming violations of the Fair Labor Standards Act, Dennis Rock, on behalf of himself and all others similarly situated, filed suit against Great Western Financial Services Inc., Fred E. McDonald III and Fred E. McDonald IV on Nov. 23 in the Eastern District of Texas, Sherman Division.

Rock was employed as a loan officer for the defendants from approximately April 2010 to approximately December 2010. According to the lawsuit, he and the class members routinely worked in excess of 40 hours per week. They were paid on a commission-only basis and were not paid overtime pay for the hours worked in excess of 40 per week.

“Defendants knowingly, willfully, or with reckless disregard carried out its illegal pattern or practice of failing to pay overtime compensation with respect to Plaintiff and the Class Members,” the lawsuit states.

The plaintiff is seeking damages for unpaid back wages, liquidated damages, court costs, attorney’s fees and interest.

If you believe you may be owed unpaid wages or overtime, contact Scott Behren and the Behren Law Firm for a free consultation.

Bank Loan Officers Bring Suit for Unpaid Overtime-Claims Should Not Have Been Paid Commission Only is a post from: Behren Law Firm Blog

Atlas Inc., doing business as two La Campina Mexican Grill restaurants in Tennessee have agreed to pay $39,232 in minimum and overtime back wages to 23 restaurant workers after investigations by the U.S. Department of Labor’s Wage and Hour Division disclosed willful and repeat violations of the Fair Labor Standards Act at both locations. The department also assessed $4,301 in civil money penalties for these willful and repeat violations. The company was investigated previously by the division in 2008 and found to be in violation of the FLSA’s record-keeping requirements.

“The Wage and Hour Division is committed to strengthening compliance in Tennessee industries that employ low-wage workers, such as restaurants, where we often find FLSA violations due to practices like requiring employees to work only for tips or not recording all hours worked, to avoid making legally required overtime payments,” said Sandra Sanders, director of the Wage and Hour Division’s Nashville District Office. “FLSA provides protection not only to workers, but also to employers who depend on the Labor Department to ensure that no company receives an unfair advantage by dodging the law.”

Investigations conducted by the Wage and Hour Division’s Knoxville Area Office revealed that the company willfully and repeatedly failed to record and compensate employees for all hours of their work, in violation of the FLSA’s minimum wage, overtime and record-keeping provisions. After conducting employee interviews and reviewing payroll documents, investigators determined that restaurant workers were often made to work more than 40 hours per week – without regard to overtime compensation – and were paid a flat salary that did not yield at least the minimum wage of $7.25 for all hours of their work. Investigators also found that the company created and maintained inaccurate records of its employees’ work hours, rates of pay and wages actually paid.

La Campina Mexican Grill restaurants and owner Ricardo Sanchez have agreed to come into compliance with the FLSA, and have committed to implementing new business procedures to record and compensate employees accurately for all hours of their work, in accordance with the law.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers are required to keep accurate records of all hours worked by covered employees.

The FLSA permits an employer to take a tip credit toward its minimum wage obligation for tipped employees that is equal to the difference between the required cash wage, which must be at least $2.13 per hour, and the federal minimum wage. Employers may create a tip-pooling or sharing arrangement among employees who customarily and regularly receive tips, but a valid tip pool may not include employees who do not customarily and regularly receive tips, such as dishwashers, cooks, chefs and janitors.

For more information about the FLSA, you can go to the U.S. Department of Labor site http://www.dol.gov/whd.  In addition, if you need to consult with an attorney call Scott Behren and the Behren Law Firm for a free consultation.

La Campina Mexican Grill Fined by U.S. Department of Labor is a post from: Behren Law Firm Blog

Former employees of Hilton Reservations Worldwide LLC’s call center will be getting back wages.  The company, doing business as Hilton Reservations and Customer Care in Carrollton, Texas, has agreed to pay $715,507 in minimum and overtime back wages to 2,645 current and former customer service employees .

The agreement follows an investigation by the U.S. Department of Labor’s Wage and Hour Division that found violations of the Fair Labor Standards Act, the department said in a press release.

The investigation found that the company failed to pay employees for work performed prior to clocking in at the start of their scheduled shifts, such as booting up a computer, opening programs required to assist customers and reading pertinent emails, according to the Department of Labor.

Consequently, the employees did not receive at least the minimum wage for that time as required by the Fair Labor Standards Act. In addition, because the time was not included in employees’ total hours worked, which is used to calculate overtime wages, they did not receive the correct overtime rate of pay.

The department also said Hilton failed to maintain the required records.

The Fair Labor Standards Act requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers also are required to maintain accurate time and payroll records.

If you believe you are not being paid for all hours worked, contact the U.S. Department of Labor or an attorney such as Scott Behren and the Behren Law Firm to discuss the issues.

Hilton Forced to Pay $715,507 in Minimum Wages and Overtime for Call Center Workers is a post from: Behren Law Firm Blog

Back in 2009, the EEOC brought a lawsuit against AT&T accusing it of age discrimination.  AT&T Inc has settled this nationwide lawsuit by the EEOC accusing it of age discrimination for refusing to rehire tens of thousands of workers who had retired from the largest U.S. telephone company.

The three-year consent decree resolves around an August 2009 lawsuit by the U.S. Equal Employment Opportunity Commission, which enforces federal anti-discrimination laws.

It requires AT&T to end any prohibitions against rehiring workers who left under two retirement programs between 1998 and 2001 and one related to SBC Communications Inc’s 2005 purchase of the former AT&T Corp, which created the current company.

AT&T must also update its databases to ensure former workers are not “blocked” from being rehired and certify annually in writing it is complying with the decree.

The EEOC had accused AT&T of having no legitimate reason not to rehire workers who retired under the programs, a number it estimated as exceeding 50,000.

The EEOC brought the case on behalf of John Yates, who was 57 years old .

If you believe you have been the subject of age discrimination, file a complaint with Human Resources or the EEOC or contact Scott Behren and the Behren Law Firm for a free consultation.

AT&T Settles Nationwide Age Discrimination Suit Brought by EEOC is a post from: Behren Law Firm Blog

Eliza Sproul, a fomer field clearance coordinator and production coordinator for the MTV reality series filed suit against the network claiming that she had been sexually harassed, was pressured to smoke drugs, was denied meal and rest breaks, and finally was denied overtime and other pay.

Read the lawsuit here.

According to Eliza Sproul’s suit, the problems began during a May 2010 trip to film the series in Costa Rica.

Sproul says that she was paired with a local resident, Andres, whom MTV had hired, and Andres immediately set to hitting on her and pressuring her to smoke marijuana with him. Worse, according to the suit, the crew members refused to help her.

Sproul also claims that the male cast members were “extremely inebriated and made crude and offensive jokes and comments throughout …” the trip.

Sproul, who claims she was subjected to sexual harassment, a hostile work environment, wrongful termination, and intentional infliction of emotional distress, is seeking lost wages,  and emotional distress, and other damages.

If you believe you have been subject of sexual harassment or violations of overtime laws speak with an experienced employment law attorney.  Scott M. Behren and the Behren Law Firm remain available for a free consultation.

MTV Sued For Violations of Sexual Harassment and Overtime Laws on Hills Show is a post from: Behren Law Firm Blog

That’s right Rep. Ritch  Workman of Florida is seeking to repeal a 1989 law that prohibits dwarf tossing.

For those who are unaware, dwarf  tossing, originally made popular in Australia, involves little people suiting up in Velcro-clad suits, usually at bars. Then patrons compete to see who can through the person farthest up a Velcro surface. The Little People of America lobbied to have the practice outlawed in Florida.

Rep. Workman stated”All that it does is prevent some dwarfs from getting jobs they would be happy to get,” he added. “In this economy, or any economy, why would we want to prevent people from getting gainful employment?”

Florida Seeks to End Dwarf Unemployment-Seeks to Repeal Ban on Dwarf Tossing is a post from: Behren Law Firm Blog

The U.S. Labor Department is suing Baristas Coffee Company Inc., the Seattle-based company that employs scantily clad women to serve customers in its drive-through espresso stands, for violating labor laws.

In the lawsuit, filed in U.S. District Court for Western Washington, the Labor Department alleges that Baristas and CEO Barry Henthorn didn’t pay employees for overtime, paid less than the federal minimum wage and wrote bad checks to workers.

In addition to the unspecified amount of back wages and damages it’s seeking, the Labor Department also assessed Baristas $42,000 for violating the Fair Labor Standards Act. Baristas has its Washington state headquarters in Kent. The company has two locations in Tacoma, and one each in Auburn, Shoreline, Kent, and Seattle. It also recently announced expansion into Texas and Florida.

If you believe you are owed unpaid wages or overtime, speak with the U.S. Department of Labor or an attorney that handles wage and overtime law such as Scott Behren and the Behren Law Firm.

Espresso by Bikini Servers-Baristas Coffee Sued by Department of Labor for Overtime VIolations is a post from: Behren Law Firm Blog