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, [..]
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 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 [..]
On May 15, 2017, the United States Supreme Court declined to review a case in which the Ninth Circuit Court of Appeals ruled that “cash-in-lieu of benefits payments” must be included in overtime calculations. By declining to review, the Supreme Court leaves intact the Ninth Circuit ruling. The city of San Gabriel had provided a [..]
The Law Offices of Gilda A. Hernandez, PLLC is proud to announce the hiring of two summer associates for the summer of 2017. Thomas Zamadics, a rising second-year law student at the University of North Carolina School of Law, is President of the UNC Labor & Employment Law Association, and is interested in practicing employment [..]
As of January 1, 2015, twenty-nine states have minimum wage requirements higher than the federal-mandated $7.25 per hour. Ten states – Connecticut, Delaware, Hawaii, Maryland, Michigan, Minnesota, Rhode Island, Vermont, and West Virginia – along with the District of Columbia increased their minimum wage effective January 1, 2015. New York raised its minimum wage on [..]
On February 2, 2015, the United States District Court for the District of Arizona found that covered employees may seek liquidated damages under the FLSA, irrespective of their legal status in the United States. In finding that protections should extend to undocumented employees, the court reasoned that “[r]equiring an employer to pay his unauthorized workers [..]
In a December 22, 2014 decision, the United States District Court for the District of Columbia vacated a provision of the Department of Labor’s new regulations relating to overtime and minimum wage payments for domestic service workers who previously fell under the “companionship” exemption. The regulation, originally scheduled to go into effect January 1, 2015, [..]
