Former pharmaceutical representative Files Lawsuit against Bristol-Myers Squibb for Denying Overtime Pay

November 30, 2010 by Jim Higgins

In Tennessee and all across the country, people need all the money they can get due to the struggling economy and people being laid off or losing their jobs completely. However, many companies still try to get away with not paying their workers overtime for hours worked over forty in one week. This not only hurts employees but it is against the law. If you or someone you know believes you have been denied overtime pay, you should speak with a Tennessee overtime pay lawyer right away. They will work with you and make sure you get the compensation you are entitled to by law.

In this case, Jeffery Bethune, a former pharmaceutical representative filed a lawsuit against the Bristol-Myers Squibb Company alleging that the company illegally denied him overtime pay for hours he worked over forty. The lawsuit claims that Bethune often worked over forty hours a week but only received an annual salary with no overtime pay. These actions violate the Federal Fair Labor Standards Act which states that employees who work more than forty hours a week are to receive time and a half, unless they are exempt for a specific reason.

Earlier this year, Novartis pharmaceutical representatives were found not be exempt from overtime pay on the same grounds that this lawsuit is claiming. Bethune states that “This company has violated the labor law, and will continue to do so unless it is held accountable by the court. That is why we have filed this lawsuit." The federal class action lawsuit was filed for Bethune and all the other Bristol-Myers Squibb pharmaceutical representatives who were employed by the company in the last three years, anywhere in the United States.

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Employee Files Lawsuit against Oak Park after Claiming Harassment over Sexual Orientation

November 20, 2010 by Jim Higgins

In Tennessee as well as across the country, when we apply for a job or work at a job we expect to be treated with respect and dignity by our managers, bosses, and even our co-workers no matter what our differences may be, because we are all supposed to be treated as equal employees with the same rights and privileges as any other employee at our workplace. However all too often, many employees are harassed, bullied, and given different amounts of pay for the same work depending on their gender, race, sexual orientation or any other status. If this has happened to you at your work, you should speak to a Tennessee employment lawyer right away. This kind of treatment is illegal and your lawyer will help make sure you get the compensation and treatment you are entitled to by law.

In this case, an Oak Park municipal employee, Michael Aguayo, who is gay, claims that he received unfounded write-ups and reprimands as well as being demoted and eventually fired when several employees found out about his sexual orientation in November of 2007. The lawsuit also claims that Michael was the victim of verbal abuse which created an unfavorable work environment for which he sought medical treatment.

Aguayo's attorney, Maurice Dusky said that he was terminated because a Family Medical Leave Act dispute and then reinstated. Currently, Aguayo is employed by Oak Park. Oak Park’s village manager, Tom Barwin denied Aguayo's claim that he was terminated from his role in the public works department. Adam Rosen said the union, Service Employees International Union Local 73 represented Aguayo in the FMLA dispute which involving him taking funeral leave for the death of his partner’s mother. Rosen stated that he was fired on February 10th and then reinstated after the union representatives met with the village about the dispute.

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Overtime 101

November 18, 2010 by Jim Higgins

With very few exceptions Tennessee overtime law is fairly straightforward. For every minute over 40 hours worked in a week, you are entitled to overtime pay. It's a simple as that. Work more than 40 hours, get paid time and a half. It's not rocket science and it's not being a bad employee, it's just the way it's supposed to be, even for many salaried workers.

Unfortunately, many workers are denied the wages due to them by employers who play games or tricks with scheduling, terminology or "company policy". When this happens, they are breaking the law, plain and simple. Employers may shift the days within the workweek in an attempt to keep overtime from occurring. They may try and not pay for required training or travel that is demanded by the job. These are all considered hours worked.

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Well known Coffee Company Maxwell House Faced with Equality lawsuit

November 14, 2010 by Jim Higgins

Many residents of Tennessee as well as many people across the United States want to feel respected when we go to work each day. We want the pay we deserve the work we do and we want to be treated well like every other coworker. However, sometimes in many workplaces this is not the case. Sometimes certain employees get treated differently because of their gender, disability, race, or just because the company views them as a little different from all of their other employees. Whatever the reason, this is against the law and should not be happening. If you feel that you have been treated differently or not properly respected by your workplace, then you should talk to a Tennessee employment lawyer right away. They will help make sure you get the compensation and respect that everyone deserves when they are at work.

In this case, The Equal Employment Opportunity Commission or EEOC filed a lawsuit against Maxwell House alleging that the coffee company discriminated against a female employee at a Jacksonville plant. The lawsuit claims that Francena Smith received harsher discipline than her male coworkers when they were involved in situations where coffee had been damaged. It also claims that Smith was fired in October 2008 because of her gender.

Smith was given her job back after union arbitration but this lawsuit seeks monetary damages. An attorney for the EEOC tried to settle with Maxwell House after an investigation, but had no success. Maxwell House’s discipline policy is an oral warning, a written warning, suspension and then termination. However, Smith was involved in an incident in June 2008 where coffee had been damaged and she was fired, while the male employee involved only received an oral warning. After the arbitration she received her job back but failed to receive any compensation.

The case is seeking both compensation and punitive damages. A Kraft Foods spokesman said, "We believe this complaint is without merit. I can assure you that Kraft Foods complies with all applicable employment laws. We will vigorously defend ourselves in this matter."

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Dollar Tree Store Employees File Lawsuit Due to Overtime Pay

November 9, 2010 by Jim Higgins

The economy is struggling, and many people here in Tennessee and across the country are doing all they can to save money. For some Tennessee residents and other people this means shopping at discount and dollar stores for the things they want or need. However, even dollar stores employees face problems with not being paid properly for their overtime. It does not matter where you work; you deserve to be paid overtime pay according to the law. If you or someone you know feels that you have not been paid properly for your overtime, then you should speak with a Tennessee employment overtime pay lawyer. They will hear your case and make sure that you get the compensation you deserve for the hours you work.

In this case, lawyers filing on behalf of several employees claim that the employees of the Dollar Tree were often expected to go to the bank for the company after business hours and were also required to work through their lunch breaks without receiving any proper compensation. The lawsuit also claims that the violations of the Fair Labor Standards Act include the Dollar Tree paying below the state’s minimum wage of $7.25 and decreasing pay when asking employees to work through their lunch breaks.

According to additional news sources this is not the first time that the Dollar Tree Company has had lawsuits due to wage violations. The spokesman for Dollar Tree Inc, Timothy Reid declined to comment on this recent lawsuit.

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Nonprofit Company that Helps Sight Impaired Workers Faces Discrimination Lawsuit

November 3, 2010 by Jim Higgins

In these tough economic times, it is difficult for everyone, including Tennessee residents, to find a job and unemployment is on the rise. However, for people that have disabilities such as being sight impaired the difficult task of finding a job becomes even more difficult. There are many organizations and programs all across the country though, that help these individuals find employment. This is why it is unfortunate and sad when we discover that even some of these organizations discriminate against their employees because of these disabilities. If you feel that you have been discriminated against at work because of a disability, medical condition or other situation, it is important that you speak with a Tennessee employment lawyer right away. They will help work with you to make sure you get the compensation you deserve and that you rights are upheld.

In Nebraska a nonprofit organization that supposedly helps blind people to find jobs, Outlook Nebraska Inc, is being accused by their blind employees, who claim they are not allowed to file for supervisory positions and that employees who do not have sight impairments are treated better. The lawsuit filed by the National Federation of the Blind of Nebraska Inc in U.S. District Court in Omaha, also claims that its blind employees receive less pay than their co-workers without sight impairments. The lawsuit goes on to claim that, "Some blind workers have been specifically told that they will not be allowed to manage because they cannot see.”

The lawsuit was filed on behalf of the blind employees of Outlook Nebraska Inc and is seeking an injunction to prevent the organization from discriminating against its blind employees and also compensation for these employees. According to the lawsuit, Outlook Nebraska Inc promotes employment for the blind and also makes paper products for the government. Federal law states that seventy-five percent of the work must be done by blind employees in order to receive government funding.

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