It doesn’t matter how much money you take home in commissions – you can still be entitled to overtime pay, according to a recent decision in federal court. Background Wyndham Vacation Ownership operates resorts and time-share units across the Caribbean and North America. Sales representatives at Wyndham’s four Tennessee properties filed a lawsuit, Pierce v. Wyndham Vacation Resorts, Inc., in which they claimed the company violated the Fair Labor Standards Act (FLSA). They said the company … [Read more...]
More courts allow data breach victims to sue even if they haven’t (yet) suffered fraud
Malware attacks are in the news a lot these days. In some cases, hackers hold victims’ computers hostage in exchange for ransom. In other cases, they quietly install malware on a computer and then use it to siphon away a victim’s private information. It’s only gotten worse now that the hackers have learned that the big prizes are tucked away inside corporate networks, not individual PCs. One corporate hack can compromise the personally identifiable information (PII) of thousands of employees … [Read more...]
Three reasons competitors (and other outsiders) can make great whistleblowers
When most people think of whistleblowers they probably picture “insiders” at companies that cheat the government. Indeed, the federal False Claims Act, a key whistleblower law, requires that information or evidence of fraud, waste or abuse come from an “original source.” But there’s no requirement that the original source be someone inside the company. Outsiders with the right information can blow the whistle, too. Indeed, in some situations, the best whistleblowers may be a law breaker's … [Read more...]
Employee noncompete agreements aren’t enforceable in California. That’s a good thing.
The New York Times recently published a series of exposes on how employers use non-competition agreements, or “noncompetes,” to prevent employees from making a living at other companies. According to the latest piece in the series, the use of noncompetes in the employment context has spread down the economic pyramid from executives and other high-level employees to blue-collar workers ranging from factory managers to sandwich makers earning $8 an hour to people who simply “dig dirt” for a … [Read more...]
Ninth Circuit upholds gender pay gaps based on prior salary. Here’s why they got it wrong.
The U.S. Court of Appeals for the Ninth Circuit dealt a setback to gender pay equity with its recent decision in Rizo v. Yovino, No. 16-15372 (9th Cir. April 27, 2017). In Rizo, the court held that previous salary alone can be “a factor other than sex” for purposes of the Equal Pay Act. As a result, workplace gender gaps are permissible even if the gap is solely caused by employees’ pay at previous jobs. Under the Equal Pay Act, 29 U.S.C. § 206(d), employers must pay men and women the same … [Read more...]
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