Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Misclassification of store managers is a ruse sometimes used by businesses to avoid paying certain employees overtime. As we reported in December, a federal appeals court upheld a $35.6 million judgment against Family Dollar Stores, Inc. for wrongly classifying store employees as managers and then denying them overtime pay. Last week, a federal jury in the U.S. District Court for New Jersey ordered Staples, Inc., the world’s largest chain of office supply stores, to pay nearly $2.5 million to 343 plaintiffs because of similar violations to the Fair Labor Standards Act.

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The U.S. District judge for the District of Kansas ruled this week that thousands of meatpacking workers may move forward against Tyson Foods, Inc. as a class action suit. The workers allege that they were denied overtime and other forms of compensation by the company. The ruling was a positive development for the workers, comprised mainly of Latin American immigrants who couldn’t afford to proceed individually.

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Kim Bobo believes that employers in the United States are stealing from their workers. Not just nickels and dimes and not just in isolated incidents. She claims that the theft is rampant — that it has become a “national crisis at this moment in our nation” to the tune of $19 billion per year in unpaid overtime alone.

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The U.S. Department of Labor has fined Hy-Vee, Inc., a Des Moines, Iowa-based grocery chain, with multiple violations of the Fair Labor Standards Act, including a number of child labor violations in four of the company’s Nebraska stores.

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