Tuesday, March 22, 2016
Class actions in FLSA cases can go forward with estimated damages
In a 6-2 decision the high Court affirmed a class certification and award to a group of underpaid Tyson Foods employees. In Tyson Foods, Inc. v. Bouaphakeo the plaintiff employees claimed they weren't properly paid for time spent donning and doffing their protective chicken-butchering gear. There was a large class of employees, some with different levels of gear. The plaintiffs had to estimate the time spent dressing. The Supreme Court said that an estimate of the time spent in a common process was sufficient to support an FLSA collective/class action. This case, along with the 6-3 decision for the plaintiffs (and plaintiffs in class and collective actions everywhere) in Campbell-Ewald v. Gomez, the Supreme Court answered 2 of 3 pending class action blockbusters in a manner that says class actions are not dead and gone. Not. At. All.
Wednesday, February 17, 2016
Family and Medical Leave Act claims
Everything seems to come in cycles. One period is up, the next down. It works that way with employment law claims, too, it seems.
For a couple of years in the mid-2000s, I represented several clients in family and pregnancy leave related claims. These are cases that arise under the federal Family and Medical Leave Act. That law makes employers with more than 50 employees provide the barest amount of leave (up to 12 weeks per year) available to sick employees, pregnant employees, or employees with sick or pregnant family members. Of course the leave is unpaid. But at least the employee is entitled to return to the exact job they had.
Back then employers were regularly denying leave, demoting people, firing them, and failing to return them to their previous positions. But litigation taught some lessons and it's been quiet on that front for several years. No more.
I have just filed and settled two FMLA claims. The middle managers out there are not being trained or they are just ignoring the law. They are violating these twenty five year old statutory rights that the employees don't seem to know they have.
Just a short reminder is in order.
Common employer violations of the Family and Medical Leave Act:
● They “point” you for missing a day or more for health reasons and call it a “no fault” system.
● They write you up or punish you for taking off too much time to care for a sick child, parent, or yourself.
● When you come back from a medical or pregnancy related leave, they put you in a different job, with lower pay and undesirable working conditions.
● After you tell them you need time off because you are sick, they don’t bother to ask you why, or tell you about your right to have leave to heal.
Not all employers have to follow all the laws in place to protect families from unfair treatment. But if your employer has more than 50 employees in a 75 mile radius, or is a small part of a much bigger company, then you may have more rights than you thought.
If you have been mistreated, punished, or even fired, for taking medical or family-related leave, then please contact me for more information. You may have rights to reinstatement, back pay, other money damages and attorney’s fees.
Call or e-mail me now, because there are time limits on claims like these.
www.langendorflaw.com or 513-705-4104.
For a couple of years in the mid-2000s, I represented several clients in family and pregnancy leave related claims. These are cases that arise under the federal Family and Medical Leave Act. That law makes employers with more than 50 employees provide the barest amount of leave (up to 12 weeks per year) available to sick employees, pregnant employees, or employees with sick or pregnant family members. Of course the leave is unpaid. But at least the employee is entitled to return to the exact job they had.
Back then employers were regularly denying leave, demoting people, firing them, and failing to return them to their previous positions. But litigation taught some lessons and it's been quiet on that front for several years. No more.
I have just filed and settled two FMLA claims. The middle managers out there are not being trained or they are just ignoring the law. They are violating these twenty five year old statutory rights that the employees don't seem to know they have.
Just a short reminder is in order.
Common employer violations of the Family and Medical Leave Act:
● They “point” you for missing a day or more for health reasons and call it a “no fault” system.
● They write you up or punish you for taking off too much time to care for a sick child, parent, or yourself.
● When you come back from a medical or pregnancy related leave, they put you in a different job, with lower pay and undesirable working conditions.
● After you tell them you need time off because you are sick, they don’t bother to ask you why, or tell you about your right to have leave to heal.
Not all employers have to follow all the laws in place to protect families from unfair treatment. But if your employer has more than 50 employees in a 75 mile radius, or is a small part of a much bigger company, then you may have more rights than you thought.
If you have been mistreated, punished, or even fired, for taking medical or family-related leave, then please contact me for more information. You may have rights to reinstatement, back pay, other money damages and attorney’s fees.
Call or e-mail me now, because there are time limits on claims like these.
www.langendorflaw.com or 513-705-4104.
Friday, December 18, 2015
Legal Bliss(mas).
Lawyering is tough right? Deadlines, demanding partners, judges too busy to rule quickly on motions, not to mention the ever present stress of litigation battles. It’s a wonder anyone does this work.
Over the past six months I have been vexed by various of these difficulties. It has been draining, to say the least.
But today I received a settlement check for a client, confirmation of another client’s settlement agreement, and was able to give affirmation to a third lovely client that their important decision made sense. I am beaming with joy.
I forwarded the check with a hearty Merry Christmas! The second settlement agreement will be signed today and paid soon. The client who got only my honest agreement gave me a hug and a consultation fee, and said I was the bomb.
Even if nothing else happens today, it’s been a good one. Maybe the best thing for me to do right now, at noon, is head into the weekend on a high note.
It’s tough, true. But sometimes it is good to be a lawyer. Very good.
Merry Christmas and Happy New Year.
Sunday, December 13, 2015
Unemployment benefits don't hit your bottom line.
A lawyer friend from a nearby firm popped his head in my office door a few days ago.
He wanted to know how his recently-former employee’s claim for unemployment was going to affect his firm’s finances.
This question comes up now and then, but not from other lawyers. In talking to him, it became obvious that, even though he was a lawyer, he had no clue about how the unemployment insurance system worked. Of course I have no idea how divorce proceedings work and he would know that process cold. To each their own.
His employee had been with the firm for years. She quit to take a new job. It didn’t work out, so she left that job and then filed for unemployment compensation. My friend got a notice from the Ohio Dept. Of Job and Family Services telling him that his former employee was going to be collecting benefits. He was worried that he would be paying her directly.
I assured him that the system doesn’t work that way. When she was working for him, and even now, he pays into the unemployment insurance program at least quarterly. His payments are based on the size of his payroll and the risk that his employees will need to partake in the system. If he laid off or fired more people than other industries or employers, then he was a higher risk, and paid a higher premium. Conversely, by keeping people at work for a long time, he would pay less.
He wondered aloud, again, if he’d get a bill for her claim.
No sir, I said. You have already paid your premiums. The DJFS was just letting you know that a claim was being applied to your account. Probably because she had not been with her most recent employer long enough to secure benefits from his policy. Her leaving his office earlier in the year wouldn’t change his risk rating; the DJFS doesn’t hold quits against employers, and her benefits will be paid to her from the insurance pool he had already paid into. Her benefits would not touch his bank account or bottom-line.
This satisfied my colleague. He bid me thanks and a good afternoon. I did my good deed for the day. Back to work.
He wanted to know how his recently-former employee’s claim for unemployment was going to affect his firm’s finances.
This question comes up now and then, but not from other lawyers. In talking to him, it became obvious that, even though he was a lawyer, he had no clue about how the unemployment insurance system worked. Of course I have no idea how divorce proceedings work and he would know that process cold. To each their own.
His employee had been with the firm for years. She quit to take a new job. It didn’t work out, so she left that job and then filed for unemployment compensation. My friend got a notice from the Ohio Dept. Of Job and Family Services telling him that his former employee was going to be collecting benefits. He was worried that he would be paying her directly.
I assured him that the system doesn’t work that way. When she was working for him, and even now, he pays into the unemployment insurance program at least quarterly. His payments are based on the size of his payroll and the risk that his employees will need to partake in the system. If he laid off or fired more people than other industries or employers, then he was a higher risk, and paid a higher premium. Conversely, by keeping people at work for a long time, he would pay less.
He wondered aloud, again, if he’d get a bill for her claim.
No sir, I said. You have already paid your premiums. The DJFS was just letting you know that a claim was being applied to your account. Probably because she had not been with her most recent employer long enough to secure benefits from his policy. Her leaving his office earlier in the year wouldn’t change his risk rating; the DJFS doesn’t hold quits against employers, and her benefits will be paid to her from the insurance pool he had already paid into. Her benefits would not touch his bank account or bottom-line.
This satisfied my colleague. He bid me thanks and a good afternoon. I did my good deed for the day. Back to work.
Thursday, June 4, 2015
Litigators gotta litigate
2014 saw my litigation practice suffer a bit. 2012 and 2013 were banner years, but last year it seemed that nobody was angry or cheated enough to sue. Or they just weren't interested in talking to a lawyer about it. This year? Much different.
Since January I have filed 4 unpaid overtime cases in federal court, and one, a mortgage loan officer case, is teed up to go. Mortgage loan officers are NOT exempt from minimum wage or overtime coverage.
Also in the just-about-to-be-filed pipeline is a clear failure-to-notify FMLA case. It amazes me how often the employers in these cases are health care providers. There is another FMLA case right behind this one, but its major claim is failure to reinstate. Either way, back wages, liquidated damages and attorney's fees are all available.
I haven't seen this much action in years and am grateful for my tax dollars being used to support a dispute resolution system for people who have few resources and little power.
If employers make employees angry enough or treat them unfairly long enough, then those employees will act. Employment laws passed by Congresses not so deeply in corporate pockets serve these underpaid or mistreated workers well.
Don't take it anymore. Call a lawyer.
Update:
Favorably settled the mortgage loan officer overtime case and both FMLA cases this year. Still two more in play and I am looking for more. Merry Christmas and Happy New Year to all.
Since January I have filed 4 unpaid overtime cases in federal court, and one, a mortgage loan officer case, is teed up to go. Mortgage loan officers are NOT exempt from minimum wage or overtime coverage.
Also in the just-about-to-be-filed pipeline is a clear failure-to-notify FMLA case. It amazes me how often the employers in these cases are health care providers. There is another FMLA case right behind this one, but its major claim is failure to reinstate. Either way, back wages, liquidated damages and attorney's fees are all available.
I haven't seen this much action in years and am grateful for my tax dollars being used to support a dispute resolution system for people who have few resources and little power.
If employers make employees angry enough or treat them unfairly long enough, then those employees will act. Employment laws passed by Congresses not so deeply in corporate pockets serve these underpaid or mistreated workers well.
Don't take it anymore. Call a lawyer.
Update:
Favorably settled the mortgage loan officer overtime case and both FMLA cases this year. Still two more in play and I am looking for more. Merry Christmas and Happy New Year to all.
Sunday, January 25, 2015
Your advice is always worth something
Look, friends, colleagues and others, a licensed, practicing lawyer knows a lot of valuable information. Sure, much of what they know is freely available on the Internet, at Legalzoom, Justia or Google. But how that information affects a person's life, business or money can't usually be determined by the average person.
Legal training makes it possible for a lawyer to determine what information actually matters in a situation, and how to make that info work. That skill is worth paying for and, above all, charging for.
All the information knowable about the workings of a modern automobile is published in shop manuals. Does that mean getting a car problem diagnosed or repaired is, or should be, free? Of course not. How about a pain in the back? There are diagnostic websites, anatomy texts, all the substance of modern medicine available to anyone with an internet connection. Does that mean a medical diagnosis should be had for nothing? Again, the answer is obvious.
The same is true for legal problems. Any person who has ever had a cold can tell if someone else has one. How many people can suggest a case of adverse possession off the top of their head? Only a lawyer would know.
Please value your education, experience and training. If attorneys keep giving away "free initial consultations" they devalue every other piece of advice they may give, as well as the advice and effort of other lawyers, everywhere.
Good legal advice is worth paying for, and price tells clients that they are getting something of value. Be valuable from the moment you start listening to a set of facts.
Monday, January 12, 2015
Service
Tony Robbins is a globally recognized author and motivational speaker. He has risen to, and has access to, the highest echelons of society. He appears as avid a student as he is a teacher. More than that, he seems to be a decent, sincere man.
In his recent book "Money: Master the Game" he infrequently and obliquely discusses his own path to success. It is in those passages one finds little nuggets of wisdom. There is no doubt that the success Robbins has had came with some difficulty and challenges. His offhand remarks in that book provide some useful insight on how to become more valuable. One observation of his was particularly resonant with me as a seeker of success in life, and in the practice of law.
"How do I serve the greatest number of people?" he asked himself. That is the question that woke me in the wee hours this morning. How can I serve more people as a lawyer?
I have been actively searching for opportunities to make money in my law practice and in other areas of business. It is a difficult challenge to look for these "opportunities." They are like the fabled jackalopes. There are no obvious markers and they are not easily seen. They take on varying colors and are as wispy as smoke---until you understand what they are at their source. That is where Robbins made the connection and asked the right question: How do I serve the most people?
That is the heart of opportunity. It is providing a service to those in need of a solution.
This focus point makes it far easier to actively seek out opportunities and even stumble upon some. As you look around your practice and the needs of your clients,and those who could be your clients, ask yourself how can you best serve them. That may be all that you need to focus your advice, your marketing efforts and your capital. With this insight in mind, I am going to focus on casting all of my efforts as service. In this mindset, I will be providing value as a matter of course.
It is not enough to ask how can I make money from this contract, dispute or transaction. It is the epitome of value to provide a useful service. If what you provide does not serve your client or customer, then it has little value and will likely be wasted time, or the source of dissatisfaction.
In his recent book "Money: Master the Game" he infrequently and obliquely discusses his own path to success. It is in those passages one finds little nuggets of wisdom. There is no doubt that the success Robbins has had came with some difficulty and challenges. His offhand remarks in that book provide some useful insight on how to become more valuable. One observation of his was particularly resonant with me as a seeker of success in life, and in the practice of law.
"How do I serve the greatest number of people?" he asked himself. That is the question that woke me in the wee hours this morning. How can I serve more people as a lawyer?
I have been actively searching for opportunities to make money in my law practice and in other areas of business. It is a difficult challenge to look for these "opportunities." They are like the fabled jackalopes. There are no obvious markers and they are not easily seen. They take on varying colors and are as wispy as smoke---until you understand what they are at their source. That is where Robbins made the connection and asked the right question: How do I serve the most people?
That is the heart of opportunity. It is providing a service to those in need of a solution.
This focus point makes it far easier to actively seek out opportunities and even stumble upon some. As you look around your practice and the needs of your clients,and those who could be your clients, ask yourself how can you best serve them. That may be all that you need to focus your advice, your marketing efforts and your capital. With this insight in mind, I am going to focus on casting all of my efforts as service. In this mindset, I will be providing value as a matter of course.
It is not enough to ask how can I make money from this contract, dispute or transaction. It is the epitome of value to provide a useful service. If what you provide does not serve your client or customer, then it has little value and will likely be wasted time, or the source of dissatisfaction.
Serve first and serve many.
Subscribe to:
Posts (Atom)