Category Archives: Employment

Stolen Money: Wage Theft by Employers Common

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stealingWe all know that money is stolen from hard-working people every day in the form of robberies, burglaries and other thefts, but you might be surprised to learn that employers steal more money from hard-working people than robberies, burglaries, larcenies and auto thefts combined.

Although these numbers are based on 2012 data, the same probably holds true still today. The most unfortunate part of these statistics is that the victims of wage theft are usually the people who can afford the theft the least.

What is wage theft?

“Wage theft covers a variety of infractions that occur when workers do not receive their legally or contractually promised wages,” according to wagetheft.org.

“Common forms of wage theft are non-payment of overtime, not giving workers their last paycheck after a worker leaves a job, not paying for all the hours worked, not paying minimum wage, and even not paying a worker at all.”

What is even more sobering is to think based on these statistics: they get the numbers regarding traditional theft from what is reported to police, whether it is recovered or not. They get the data for wage theft based on what is: reported, looked into, taken to court, and won back for employees. So, I would be willing to assume that the numbers of wage theft are actually much larger, in reality.

Fortunately, there are remedies under state and federal laws to recover from those thieving employers engaging in wage theft. Even if it is something that seems small, like employers keeping a percentage of tips, it is still wage theft and is actionable in civil court. Contact a lawyer if you suspect your employer of engaging in the activities described above.

The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Corporate fraud, employer fraud, Employment, Wage Theft, Withholding Pay and tagged , , , .

Back to Downton Abbey – Why You Should Care About a Seemingly Ho-hum Supreme Court Case

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downtown abbeySo what does Downton Abbey have to do with a seemingly ho-hum recent Supreme Court case about pension benefits for union retirees? Lots.

The decision in question is the recent Supreme Court decision of M&G Polymers USA, LLC v. Tackett. In that case, the U.S. Supreme Court unanimously overturned a decision by the 6th U.S. Circuit Court of Appeals that interpreted the Labor Management Relations Act ruling that health care benefits for union retirees continue permanently, even if the collective bargaining agreement expires. In other words, even if a collective bargaining agreement ends, the company is still on the hook for health care benefits for retirees.

The Supreme Court ruled that since that understanding wasn’t explicitly spelled out in the contract, then the union retirees were out of luck. The Supreme Court relied on supposed “common law” principles to arrive at this result. Common law was developed by courts in England and transported across the Atlantic to the United States in the 17th century. It was a system that largely favored the Lord Granthams of the world. For example, there was no such thing as “workers’ compensation” or “employment law.” There was the “law of master and servant.”

If you watch Downton Abbey or know much about the history of the late 19th and early 20th centuries, the “servants” weren’t pleased with this arrangement. So starting in the 1910s, state legislatures started passing workers’ compensation statutes. In the 1930s and 1940s as part of President Franklin Roosevelt’s New Deal, Congress started passing laws like the Labor Management Relations Act and the Fair Labor Standards Act, which gave employees protections in addition to what they had under the common law. This expansion of employee rights continued with the Civil Rights Act of 1964, as well as the Americans with Disabilities Act, passed in 1990 and amended in 2008, and the Family and Medical Leave Act in 1993.

No law passed in the last 100 years that protects the rights of employees really has any basis in the common law, so when the Supreme Court starts using 18th century English law to interpret those laws, then employees should be concerned.

Lay people who follow politics may get confused by a 5-4 split. What happened there was that the four Democratic-appointed justices, Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan and Stephen Breyer, agreed with the outcome of the case but not the reasoning used by five Republican-appointed justices, Chief Justice John Roberts, Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito. Of note, none of the supposed “liberal bloc” supported the decision made by the 6th Circuit Court of Appeals, which is the highest federal court for the states of Michigan, Ohio, Kentucky and Tennessee. The judges of the 6th Circuit are appointed by the president and subject to approval of the Senate, just like Supreme Court justices. It’s hard to argue that the judges of the 6th Circuit Court of Appeals are somehow out of the mainstream of legal opinion or radical bomb throwers.

Plaintiffs’ lawyers and union leaders who read this blog will sometimes lament how the blue-collar people we represent largely vote Republican, based on social issues and national security issues, even though their economic interests are aligned with the Democratic Party. But after reading M&G Polymers USA, LLC v. Tackett, can blue-collar conservatives be entirely blamed for not thinking the Democratic Party supports their economic interests? Maybe plaintiffs’ lawyers and union leaders are the real chumps for blindly supporting a national Democratic Party that seems to be indifferent to their interests and the interests of those they represent.

The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Employment, employment law, History, history of workers' compensation, Workers' Compensation and tagged , , , , , , .

Low Wage Jobs are on the Rise

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Today’s blog post was written by respected colleague Thomas Domer of Domer Law Offices in Milwaukee. Although the blog post was originally in reference to Wisconsin, as he writes, “the findings in Wisconsin mirror nationwide findings of the National Law Employment Project,” so I think they can be reasonably applied to Nebraska and Iowa. One thing that I found especially interesting in the article is that even when the quantity of jobs is increasing, the quality of pay for those jobs isn’t quite there yet. But it also turns out that employers may not have to pay the higher wages as people are still hoping to find jobs. As an example from the original Milwaukee Journal Sentinel is telling: an entire category went from “middle-wage” to “low-wage” because the hourly rate of pay was that much lower.

“By 2013 the occupation had added about 13,000 jobs in Wisconsin, and stood at 55,520. Meanwhile, median pay had fallen to $12.16 an hour, so all 55,000 jobs — the 13,000 new ones and the 42,000 that were ‘middle-wage’ three years earlier — were classified as low-wage in 2013,” according to the Journal Sentinel article.

As we move into the holiday season and past the election where Nebraska voters resoundingly voted to raise the minimum wage over two years, I would challenge both employers and consumers to consider what their hourly wage would be and into what category they would fit within the information in this article. Most people in the middle and low-wage categories are very aware of where they land for a category. But it is something important to think about as wage inequality continues to be discussed: in addition to thinking about the minimum wage, what is an appropriate living wage for the place in which we live? And are we as consumers prepared to maybe pay a bit more for services and products if businesses provide that living wage to workers? On the other side of the coin, businesses should also be willing to sacrifice a small part of their profits to provide employees a living wage so people don’t have to work two or more low-wage jobs like the ones below, just to make ends meet. Because in the end, it is the whole of society that benefits.

Those of us representing injured workers have recognized a trend in recent years affirmed by a new study by University of Wisconsin – Milwaukee Professor Mark Levine. His study indicates jobs in low wage occupations have increased substantially since 2000, with that growth accelerating since 2010.

Levine’s study found that in 2000, low wage occupations accounted for about one quarter of Wisconsin’s jobs with middle wage occupations accounting for more than half. But by 2013, low wage occupations made up over 30% of the State’s employment. 

The study indicated low wage occupations with a median wage of $12.50 per hour or less, middle wage occupations with a median of $12.50 to $25.00 per hour, and high wage occupations with a median above $25.00 per hour. Jobs in the high wage occupations increased substantially through 2007, then fell during the recession and recovery.

The findings in Wisconsin mirror nationwide findings of the National Law Employment Project, an advocacy group for low wage workers and the unemployed. Commentators also noted the findings in the Wisconsin study confirm findings for the U. S. national economy, which indicates job growth has been mostly in low skill, low wage areas.

Those of us that practice in the worker’s compensation arena have noted the number of workers earning maximum wages in Wisconsin (over $1,320 weekly) are much more rare since the Great Recession. Worker’s compensation benefits for Loss of Earning Capacity, for example, is obviously much greater for a maximum earnings worker than for a worker earning $8.00 or $9.00 per hour. The loss of high paying manufacturing jobs that used to exist in Milwaukee and throughout the Midwest Rust Belt has had a substantial impact on worker’s compensation claims and recoveries.

The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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