Author Archives: Jay Butchko
Side Work and Restaurant Servers: Know your rights as a tipped employee
If you work as a server in a restaurant and you are paid what is called a tip credit wage, you should be mindful of how much side work you can be required to do. Firstly, a tip credit permits employers to pay employees who regularly receive tips, such as servers and bartenders, less… Read More »
Have You Been the Victim of a Sexual Assault in the Restaurant Industry?
During my 30 years of practice as an employment law attorney, I have encountered many employees that have been victims of sexual assault and harassment in the restaurant industry. Most of these victims are females, but there has been an upward trend in males experiencing the same issues. Servers and bartenders, typically those employees… Read More »
Misclassified Manager at Mobile Wireless Retailer Claims Tax Fraud and Unpaid Overtime
A manager at a local mobile wireless retailer recovered $53,000 in civil damages for fraudulent filing of information returns, as well as unpaid overtime wages that were owed to her. In this case, the client received several fraudulent W-2 forms from her employer over the course of her employment with the company. The employer… Read More »
Vehicle Mechanic at Local Power Plant Recovers $225,000 for Military Discrimination, Retaliation, and Wage Loss
In this case, the client had been a member of the United States Army and Army National Guard for over 25 years and recently retired with an honorable discharge. In addition to his military obligations, the client also had a private sector job as a mechanic for a local power plant. Over the course… Read More »
Healthcare Employee Claims Sexual Harassment and Retaliation in the Workplace
A health information technician at a local hospital recovered $25,000 in compensatory damages as a result of sexual harassment and retaliation in the workplace. In this case, the client was repeatedly harassed by a coworker’s abusive and offensive comments and behavior, thus creating a hostile work environment. The client brought the issue to the… Read More »
Customer Service Manager at Cosmetic Company Recovered $15,000 in Unpaid Overtime Wages
A customer service manager at a local cosmetic company recovered $15,000 in unpaid overtime wages. In this case, the client was paid on salary and worked more than 40 hours per week, but did not receive any overtime compensation. The Fair Labor Standards Act requires non-exempt employees to be paid time and one half… Read More »
Personal Banker Recovered $38,000 in Unpaid Overtime Wages and Retaliatory Termination
A personal banker at a local bank recovered $38,000 for unpaid overtime wages and retaliation damages. In this case, the client worked more than 40 hours in the workweek and the employer failed to compensate its personal banker(s) for their overtime in violation of the Fair Labor Standards Act (FLSA). When the client raised… Read More »
Customer Service Representative at Pool Service Business Recovered $14,000 in Unpaid Overtime Wages
A customer service representative at a local pool service business recovered $14,000 in unpaid overtime wages. In this case, the client worked an excess of forty (40) hours per week over the course of her employment. In an effort to cut labor costs, the employer not only shaved hours off of employees’ time cards,… Read More »
Technical Designer Recovers $30,000 from Architectural Design Firm for Unlawful Termination under Pregnancy Discrimination Act
A technical designer for a local architectural design firm recovered $30,000 as a result of pregnancy discrimination in the workplace. In this case, the client let her supervisor know that she had become pregnant. Shortly thereafter, the employer started to unreasonably criticize her job performance. The client was called into several meetings and was… Read More »
Stadium Concession Employee Recovered $11,500 in Unpaid Overtime Wages and Unpaid Regular Wages Stolen from Him by His Employer
In this case, the client discovered that his employer systemically manipulated his time cards to reflect less time than he worked. The client was subjected to wage-theft of around 700 hours of compensable time including regular and overtime hours worked. Wage theft is a common practice in the workplace that is often overlooked as… Read More »