Tennessee Legal Blog

Apple employees initiated wage and hour disputes with employer

Tennessee employees have the right to expect fair pay for the hours they work. This means all of the time they are technically on the clock, including time spent going through company security measures. Apple employees recently initiated wage and hour disputes against their employer for failing to pay them for time spent going through bag checks, which was a required security measure for all company employees.

Company policy requires that hourly workers submit to a bag check when leaving the building. They must also submit to searches of devices and packages they are taking with them as well. A court recently ruled that when workers go through this process, they are technically still under the control of Apple, which means they should be paid for this time. While these checks happen after clocking out, they are mandatory, and workers can face consequences if they don't submit. 

Wage and hour disputes result in major payout for firefighter

Tennessee employees have the right to expect fair pay for the hours they work, including overtime hours. One firefighter in another state did not receive appropriate pay for overtime hours, and he took legal action to fight back, ultimately securing a settlement of $560,000. Workers have the right to pursue wage and hour disputes in order to claim what they are rightfully owed. 

This firefighter brought to light unfair pay practices that affected his income over the course of several years. He says he worked thousands of overtime hours, but his employer underreported hours worked or did not report them at all. The claimant says the number of hours for which he did not receive pay amounts to approximately 5,200. Some of these hours were associated with his job with the city, but others were related to separate or distinct jobs he did.

New drug boosts immune response in mesothelioma patients

Mesothelioma is an aggressive cancer that causes serious medical and financial issues for the people who eventually develop it. Workplace and environmental exposure to asbestos can cause mesothelioma, but people often don't realize the issue right away.

Although mesothelioma is aggressive once it begins to present symptoms and often progresses quite quickly, the initial onset of the cancer often takes decades. Quite a few people end up becoming ill 20 years or more after their dangerous asbestos exposure. That delay means that those dealing with mesothelioma could be in the later stages of life and dealing with declines in health and their immune system that come with it.

Employees file ERISA lawsuit against Shell and Fidelity

Shell Oil and Fidelity are facing serious allegations of mishandling funds and failure to act in the best interests of employees who invested in a company retirement fund. The ERISA lawsuit asserts that Shell did not use its position to bargain for lower bookkeeping and management fees. They also allege that Fidelity prioritized its own financial gain through exorbitant penalties paid out of the retirement funds it was supposed to be managing.

According to claims made in the lawsuit, Fidelity used information gathered from Shell Oil about the plan's participants for marketing purposes. They say the company obtained highly personal and sensitive information about them, including Social Security numbers, investment choices they'd made and more. They then used this information to aggressively cross-sell other products to plan participants. Like these plaintiffs, Tennessee employees also have to right to protect their financial future and retirement investments.

Restaurants often at center of wage and hour disputes

Because of the way many Tennessee restaurants and food service establishments pay workers, it is easy for employers to skirt around certain laws regarding fair pay. Restaurants are often at the center of wage and hour disputes because of unpaid overtime and other pay discrepancies, even if these actions are unintentional. Recently in another state, employees of a popular Tex-Mex restaurant, Chuy's, won a settlement over unpaid overtime and other damages.

The employees were successful in their legal efforts against the company after an investigation by the U.S. Department of Labor found serious discrepancies in the number of hours some staff worked versus what the restaurant paid them. Chuy's violated multiple federal laws pertaining to fair pay, including failure to pay minimum wage and time and a half for overtime hours.

ERISA lawsuit filed against popular grocery store, Trader Joe's

The Trader Joe's Company is facing litigation over how it manages its employee retirement plan. The class action Employee Retirement Income Security Act lawsuit was filed in a federal court sitting in another state. The outcome of this case could impact Tennessee employees. The ERISA lawsuit allege mismanagement of investments and failing to closely monitor the employee contribution plan.

Trader Joe's uses Capital Research for both bookkeeping and investment purposes. The plaintiffs claim that the company receives an exorbitant amount of fees each month, paid out of the retirement plan. The lawsuit asserts that Trader Joe's has failed to explain to employees how and why fees are paid. The employees say they have a right to know about the ways Capital Research is directly and indirectly compensated for its services.

Wage and hour disputes lead to backpay for manual laborers

No matter what type of job a person has, he or she has the right to seek fair pay for hours worked. A Tennessee employer's failure to do this is not only unfair treatment toward employees, it is also against the law. Many employees are eligible for overtime pay, but employers may only pay them a flat rate for all hours worked. An underpaid or unfairly treated employee has the right to engage in wage and hour disputes in order to secure their rightful pay.

A concrete finishing company in another state was recently under investigation for underpaying employees after an investigation into its pay practices. At the conclusion of the investigation, the company had to pay four different employees tens of thousands of dollars in unpaid wages. The employer failed to pay workers for traveling to and from job sites, and the company also failed to pay these workers for overtime hours worked.

You may need funds to cover the best mesothelioma treatments

Advances in cancer treatment have increased survival rates and improved the prognosis for people diagnosed with different kinds of cancers. Early diagnosis and a better understanding of what causes cancer have also helped. Unfortunately, some cancers remain harder to treat or cure than others.

Mesothelioma, an aggressive cancer that attacks organ linings, remains a form of cancer that has no cure. It has also historically been very difficult for physicians to treat. This cancer has a strong correlation with environmental exposure to asbestos, often due to someone's work. As advances in modern medicine continue, some promising new medications offer hope for a higher quality of life and longer life expectancy for people with mesothelioma.

Mass torts claims possible for asbestos in schools

When Tennessee parents send their children off to school, they hope their kids will be safe as they learn. Naturally, some parents may have concerns about their children contracting flus or other illnesses from their classmates. Unfortunately, parents may have more to fear than they realize. In fact, parents across the country may be considering mass torts actions in light of the discovery of asbestos in their children's schools.

Currently, parents in another state are watching anxiously as officials deal with asbestos dangers in two public schools. Exposed asbestos was located in numerous areas in the buildings, including pipe insulation, crushed floor tiles and damaged insulation. At least one classroom contained an imminent hazard, which may mean asbestos particles had already become airborne.

New laws could lead to more wage and hour disputes

Tennessee employers are responsible for paying their employees fairly and following employment laws pertaining to minimum wage and overtime. When they do not do these things, employees may find it necessary to take legal action against the people who employ them. With a new federal overtime rule going into effect soon, it's possible employers could be subjected to more wage and hour disputes this coming year. 

Only certain types of workers are eligible for overtime pay. People who earn over a certain amount are not eligible to claim overtime even if they work more than 40 hours per week. The federal government recently raised the income limit, which means that more people may now be able to claim overtime. After changes in the law, employees who earn up to $684 per week or $35,568 per year should get time and a half for each overtime hour worked.

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