post Mortgage Company Paid Nearly $2M to Settle OT Complaint


Filed under: Employment & Labor Law — admin @ 8:17 pm June 9th, 2009

Allied Home Mortgage Corp. in Houston has paid $1,855,518 in back wages after the U.S. Department of Labor’s Wage and Hour Division accused the company of violating the Fair Labor Standards Act (FLSA) by failing to pay an overtime premium to commission-only employees.

The Department of Labor says that the company cooperated with the investigation by conducting a self-audit and agreed to future compliance. Back wages have been paid to 588 branch managers, loan officers, loan processors, and clerks, who were performing inside sales work at the company.

The FLSA requires employers must maintain accurate time and payroll records. Also, employees must be paid minimum wage for all hours worked and time and one-half their regular rates of pay for hours worked over 40 per week.

Earnings may be determined on a piece-rate, salary, commission or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. The FLSA provides an exemption from both minimum wage and overtime pay for bona fide executive, administrative, professional, and outside sales employees.

Additional laws apply in California.

If you have questions regarding Employment Law then contact The Law Offices of Amanda Hill located in Beverly Hills at (310) 694-8089 to have an attorney help you with your legal needs.

post Some Employees at U.S. Diplomatic Posts Earn Less Than $1 a Day


Filed under: Employment & Labor Law — admin @ 8:07 pm June 9th, 2009

A new State Department report says some local employees hired by U.S. embassies and other posts around the world are so poorly paid they have to cut back to one meal a day or send their children to peddle on the streets. The report quotes some overseas employees as saying they make less than $1 a day.

The State Department has established a "working group" to (more…)

post Court of Appeals Allows Starbucks Supervisors to Take From the Tip Jar


Filed under: Employment & Labor Law — admin @ 7:35 pm June 9th, 2009

On June 2, 2009, the Fourth District Court of Appeal in San Diego decided Starbucks can legally require its low-wage hourly coffee baristas to share tips with supervisors who also wait on customers. The appeals court reversed a $106 million award against Starbucks, which currently has over 1,300 locations throughout California.

The lawsuit was filed in 2004, alleging Starbucks of violating California state law that declares tips to be the property of employees and denies a share to a company’s owners or managers. The lower court judge, Patricia Cowett, ruled last year that shift supervisors were company agents and equivalent to managers. Thus, Starbucks must repay the baristas for (more…)