On April 19, 2021, Judge Frank P. Geraci, Jr., Chief Judge of the federal district for the Western district of New York granted preliminary approval for a $120,000 settlement in a nationwide collective action brought against Feast American Diners, LLC on behalf of Denny’s employees: Frisbie, et al. v. Feast American Diners, LLC, et al., […]
Migliaccio & Rathod LLP is currently investigating Applied Behavior Analysis (ABA) agencies for their failure to properly compensate Registered Behavioral Technicians (RBT’s) for the full breadth of work expected of them. RBT’s report that they are expected to not only work the billable hours during which they complete therapy sessions with patients, but also to […]
Migliaccio & Rathod LLP is currently investigating various employers of delivery drivers particularly for pizza delivery, but also of other food and material goods for failure to reimburse their drivers’ expenses associated with use of personal vehicles. Under the Fair Labor Standards Act (FLSA) employers must reimburse their drivers for expenses incurred by use of […]
The parties have reached a class action settlement in Crigler v. Seven Point Energy Services, Inc., Case No.: 19-cv-00604-MJH (W.D.Pa.), over allegations that Defendant failed to properly pay Plaintiff and all similarly situated employees overtime wages for hours worked over 40 hours per workweek in violation of the Fair Labor Standards Act (“FLSA”), the Pennsylvania […]
Migliaccio & Rathod LLP currently represents a former server of Waffle House who worked for the Mid South Waffles franchise owner. Mid South Waffles allegedly pays its servers a sub-minimum wage of $1.20 an hour, while also requiring them to perform non-tipped side work, like sweeping and mopping the floors, washing the walls and windows, […]
Si su trabajo usa un sistema digital para guardar sus horas, es posible que estás perdiendo sueldos. Esta es una práctica que se llama el robo de sueldos y afecta trabajadores de la salud, conductores, empleados del servicio de comida, y trabajadores de fábrica. Un reporte del Instituto de la Política Económica encontró que el […]
If your place of business uses a digital time tracking system to record your hours, it’s possible that you are losing wages. This practice is called wage theft and some workers affected work in healthcare, work as drivers, work in food service, or work in factories. A report out of the Economic Policy Institute estimated […]
Migliaccio & Rathod, along with co-counsel, currently represents a group of Waste Pro Helpers in a case pending in the United States District Court for the Middle District of Florida captioned Thomas et. al. v Waste Pro USA et. ano., Case No. 8:17-cv-02254. The case concerns alleged wage violations experienced by Helpers employed by Waste Pro […]
The Fair Labor Standards Act establishes the guidelines for minimum wage, overtime pay, recordkeeping, and youth employment standards for employees in the private sector and in Federal, State, and local governments. In the private sector, the profit motive provides a strong incentive for wage theft. While the public sector does not share the same profit […]
Migliaccio & Rathod LLP is investigating employers who classify assistant managers as exempt from overtime laws when the assistant managers primarily perform duties similar to those of hourly employees. To save money, employers will sometimes label employees as “managers,” pay them a salary and make them work long hours, without overtime pay. Just because a […]