On February 21, 2017, the Law Offices of Gilda A Hernandez, PLLC filed a class action lawsuit on behalf of Named, Opt-in, and putative Plaintiffs and Rule 23 class members against Hospitality Ventures, LLC d/b/a Umstead Hotel and Spa; SAS Institute, Inc.; and NC Culinary Ventures, LLC d/b/a Ãn Asian Cuisine. On March 15, 2018, [..]
The Law Offices of Gilda A. Hernandez, PLLC is proud to announce the addition of a new summer associate for the summer of 2021. Melissa Smith is a second-year law student at Wake Forest University School of Law. Ms. Smith has a Bachelor of Arts in English and Political Science from the University of North [..]
On July 11, 2019, Rep. Rosa DeLauro introduced a bill to amend the Fair Labor Standards Act and the Portal-to-Portal Act of 1947 to prevent wage theft and assist in the recovery of stolen wages. H.R. 3712 amends the FLSA to require employers to: (1) disclose to employees their terms of employment, (2) provide employees [..]
During the COVID-19 pandemic, many employers are encouraging and permitting employees to work remotely. All work performed away from the worksite, including working from home, is treated the same as work performed at the primary worksite under the FLSA. All employers are required to compensate employees for all hours of remote or telework. However, employers [..]
The Law Offices of Gilda A. Hernandez, PLLC is proud to announce the hiring of new summer associate for the summer of 2020. Christine Cline is a second-year law student at the Elon University School of Law. Cline has a Bachelor of Arts in Psychology from North Carolina State University and has previously worked as [..]
On Tuesday, September 25, 2019, the United States Department of Labor released the final rule raising the minimum salary an employee must make to be exempt from overtime pay. As a result, more salaried employees will be eligible for overtime compensation. The Department has provided new thresholds to account for growth in employee earnings since [..]
On April 1, 2019, the Department of Labor (DOL) announced it will publish a notice of proposed rulemaking (NPRM) to amend existing regulations concerning joint employment under the Fair Labor Standards Act (FLSA). Being the first meaningful proposed revision to joint-employer regulation under the FLSA since 1958, the NPRM aims to provide employers a more [..]
On May 7, 2019, the Wage and Hour Division (WHD) of the U.S. Department of Labor published a Notice of Proposed Rulemaking (NPRM) to revise “white collar” overtime exemption regulations. The DOL proposes to increase the minimum salary of exemption from $23,600 per year ($455 per week) to $35,308 per year ($679 per week). The [..]
The Firm will be welcoming Mr. Robert Tucci as an Associate Attorney later this summer. He is a recent graduate from Wake Forest University School of Law. He received the CALI (highest grade) Award in several courses and is a member of the Wake Forest Law Review, serving on the board of editors as an [..]
The Law Offices of Gilda A, Hernandez, PLLC is proud to announce the hiring of two summer associates for the summer of 2019. Jacob Wright is a rising third-year law student at the University of North Carolina School of Law. Wright is a 2017 graduate of the University of North Carolina at Chapel Hill and [..]
