Sommers Schwartz, P.C.

Michigan Personal Injury & Employment Lawyers

Archives for February 2015

Carrabba’s Italian Grill Faces OT Class Action

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A proposed class action filed in federal court in Florida alleges that cooks at Carrabba’s were required to work off the clock and did not receive overtime pay. The plaintiff claims that OS Restaurant Services Inc., doing business as Carraba’s Italian Grill, violated the federal Fair Labor Standards Act by failing to provide proper compensation,… Read More

“Observation” vs. Hospital Admission For Medicare Patients – Not Knowing the Difference Can Be Dangerous to Your Health and Pocketbook

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Although you may be spending multiple nights in a hospital bed receiving medical treatment, that doesn’t mean you’ve been admitted to the hospital. You may be characterized as being on “observation” status – and the distinction can have a significant impact on your Medicare coverage and your ongoing care. Patients can be hospitalized under “observation… Read More

Toys “R” Us and Babies “R” Us Reportedly Misclassify Assistant Store Managers as Exempt from Overtime

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Reports have surfaced that retail giants Toys “R” Us and Babies “R” Us may be misclassifying Assistant Store Managers as exempt in an effort to avoid paying overtime. Misclassifying employees is a violation of wage and hour provisions of the Fair Labor Standards Act. According to the reports, Assistant Store Managers at Toys “R” Us… Read More

West Corp. Reportedly Withheld Overtime Pay from Customer Service Reps

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Reports have surfaced that West Corporation and its West Business Solutions and West Asset Management call center divisions may be unlawfully withholding compensation from customer service workers in violation of the federal Fair Labor Standards Act. The problem is not new. In July 2008, the U.S. Department of Labor’s Wage & Hour Division issued Fact… Read More

2.4 Million Workers in 21 States See Minimum Wage Increases

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Millions of workers will soon enjoy higher earnings in 2015, courtesy of changes to various states’ minimum wage rates. As outlined in USA Today, twenty-one states have increased their minimum wages as the result of ballot initiatives, recently passed legislation, or automatic cost-of-living increases. The average state minimum wage will now be $8 an hour,… Read More

HCR Manor Care Nurses Demand Wages for Time Spent Laundering Uniforms

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Nursing assistants employed by HCR Manor Care, Inc. in suburban Philadelphia filed a collective action to recover lost wages for time spent maintaining their uniforms. As reported by Law360 (subscription required), HCR Manor Care does not provide its workers with on-site laundry facilities, yet requires the workers to spend an uncompensated two-three hours per week making sure… Read More

Victims of Alleged Stream Energy Pyramid Scheme Seek to Have Their Day in Court

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In Texas, the competition for consumers among energy companies is fierce. Instead of vying for small profit margins, one company took advantage of the deregulated market to create what a group of sales representatives contend is nothing more than a pyramid scheme. In 2004, Stream Energy and its Ignite marketing arm were formed with the… Read More

Express Scripts Customer Service Workers Are Possibly Being Cheated Out of Overtime Pay

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Reports have surfaced that Express Scripts and other call centers may be unlawfully withholding compensation from customer service agents and representatives in violation of the federal Fair Labor Standards Act. The problem is not new. In July 2008, the U.S. Department of Labor’s Wage & Hour Division issued Fact Sheet #64, in which it alerted… Read More