Tennessee Employment Lawyer Blog

Some companies and businesses find ways around paying their employees the wages they deserve by paying their employees and then not keeping records of it or failing to pay them overtime pay. According to a recent case, The U.S. Labor Department stated that more than $1 million in back wages has been recovered for two hundred and ninety-five gas station workers after they investigated and found that the gas stations were not compliant with the regulations of the Fair Labor Standards Act, specifically minimum wage and overtime pay requirements. The Fair Labor Standards Act district director of the federal Department of Labor’s Wage and Hour Division stated that only twenty-five percent of the gas stations were compliant with the Fair Labor Standards Act.

The investigation by the U.S. Labor Department discovered violations of the Fair Labor Standards Act such as paying below the federal minimum wage of 7.25 an hour and not receiving time and half rates of pay when working more than forty hours in a single workweek. Finally, they also discovered that some employees were being paid “off the books”.

The executive director for the Gasoline C-Store Automotive Association stated that gas station employers are not trying to cheat their workers out of proper paid but that they just need lessons in correct bookkeeping according to federal law. In this case, the employees as a result of its investigation was able to recover a total of $ 1,014,895 for workers during the 2011 fiscal year.

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Tennessee employers and employers all across the country are not allowed under federal law to terminate employment on the basis of gender, age, or disability. Unfortunately, many companies and businesses find ways around this federal law or just fail to comply with it completely.

In a recent case, a convenience store has agreed to pay $115,000 in order to settle a federal lawsuit that claims the store improperly fired an HIV positive bakery clerk. The lawsuit was filed last year against Maverik, Inc by the U.S. Equal Employment Opportunity Commission. The EEOC alleged that the company violated the Americans with Disabilities Act when it terminated employment for a clerk in 2008, two weeks after discovering he was HIV positive. The EEOC stated that the company had employed the clerk for more than three years and stated he was fired “because of an alleged fear that he should not be working around food”. The EEOC also claimed that the company did not make reasonable accommodations for the clerk.

David Hancock, general counsel for Maverik stated that the company denies its violations of law and has only agreed to the settlement in order to avoid more expenses. Hancock also stated, “Maverik’s existing policies and procedures are consistent with the decree and applicable law. Maverik firmly stands behind its policies and training that strictly prohibit discrimination."The settlement requires Maverik to not discriminate against other people on the basis of disability. It also requires the company to provide ADA training to its workers and to its supervisors.

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Recently, Jim Higgins, was interviewed with regard to a new app that helps employee's keep track of their work hours. Under the Fair Labor Standards Act (FLSA) all non-exempt workers are entitled to overtime if they work more than forty (40) hours per week. There are now several applications out there to help keep track of your hours. You can watch the interview below to learn about these programs.

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Tennessee workers and workers throughout the country, expect that when they go to work each day they will be in a safe and healthy working environment. Unfortunately, accidents will and do sometimes happen on the job. When these accidents and injuries occur on the job, workers depend on workers compensation to help them pay their medical expenses and bills while they cannot work. However, sometimes companies find ways around these workers compensation claims and workers must suffer with their bills alone. If you or someone you know has been injured while on the job, then you should talk to a Tennessee workers’ compensation lawyer right away. They will work with you to make sure you get the compensation you deserve for your injury.

In this case, a truck driver’s delivery truck broke down while in route in September of 2005. While the driver was waiting for help and continued to work in the back of his truck as instructed by his employer, a large flatbed pulled out of the defendant’s property and ran right into the plaintiff’s vehicle. This accident caused the truck driver to tumble over the truck’s console and hit the windshield head first. The accident also irritated a pre-existing neurological condition for the truck driver, which was mostly showing no symptoms before the accident. The truck driver did not know about the brain defect but began experiencing severe headaches, facial numbness, ringing in the ears, difficulty when swallowing, gagging, blurred vision, confusion, speech problems, weakness, back pain, and pain in his arms and leg. He also suffered herniated discs and developed post-traumatic lumbar disc disease.

According to this case, the truck driver dismissed hospital treatment at first, but had an MRI when his chiropractor suggested it. Then the rare Chiari Malformation brain anomaly was finally found and due to his worsening condition, the truck driver had three surgeries to try and correct and stop his condition. The truck driver was denied workers’ compensation at first and when the case was reexamined with new counsel, he won a settlement following mediation.

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