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Showing posts with label Disability Rates. Show all posts
Showing posts with label Disability Rates. Show all posts

Thursday, August 1, 2013

Fast food workers strike to double current wages

Wages are a critical component of workers' compensation systems. Wages are utilized to determine rates of compensation benefits. Today's post was shared by Steven Greenhouse and comes from www.nydailynews.com

Hundreds of fast food workers from the likes of McDonald’s, Wendy’s and KFC went on strike.
Strikes were seen in the Bronx, midtown Manhattan, and downtown Brooklyn before a rally of around 300 protesters in Union Square.
Fast food workers are paid on average between $10,000 and $18,000 a year, according to New York Communities for Change.
They're not lovin' it.

Hundreds of New York City fast food workers from the likes of McDonald’s, Wendy’s and KFC went on strike Monday, chanting “Hold the burgers hold the fries, make our wages super-sized!"
They shouted that they deserve the right to unionize and make $15 hourly wages instead of the minimum wage they currently earn.

"I want for us to be respected. $7.25 is not enough!" said Lisette Ortiz, 27, of Rockaway, who works at a McDonald's in downtown Brooklyn.

"I live with my dad. I would like to get my own apartment. You can't! It's impossible!"
Her comments echoed scores of mostly part-time burger flippers, pizza deliverymen and fry cooks who gathered at fast food joints in the Bronx, midtown Manhattan, and downtown Brooklyn before a rally of around 300 protesters in Union Square. They said their paychecks simply cannot sustain life in the city.

"I live with my grandma, my aunt, and cousin. I can't even afford privacy!" said Naquasia LeGrand, 22, of Canarsie, Brooklyn.
"I'm a cashier, I cook, prep, clean — I do it all. It's just not enough, $7.25, not when milk and eggs are going up!”

She said she relies on $113 a month in welfare, in addition to the $225 she makes from working 38 hours a week at two KFCs.

Councilman Jumaane Williams led a rowdy crowd of 60 that barged into the rear entrance of a Wendy's in downtown Brooklyn. Protesters chanted to the workers inside, "We can't survive on $7.25!" and "Come on out, we got your...

[Click here to see the rest of this article]

Friday, November 30, 2012

US sues Los Arcos Mexican Grill & Seafood in Tennessee to recover unpaid minimum and overtime wages for 70 employees

Workers' Compensation payment rates are determined by the wages of the employee at the time of the accident. In fact, so are the premium paid by an employer for workers' compensation coverage. Accuracy in payment and reporting is critical to a favorable claim for benefits.


The U.S. Department of Labor has filed a lawsuit against Los Arcos Seafood & Grill Inc., doing business as Los Arcos Mexican Grill & Seafood in Nashville, and its owners, Jose Gutierrez Jr. and Martin Romo, for allegedly violating the Fair Labor Standards Act. The department is seeking $227,366 in back wages plus an equal amount in liquidated damages for 70 employees.

The suit is based on an investigation by the department's Wage and Hour Division, which found that the employer failed to pay employees at least the federal minimum wage of $7.25 per hour as well as provide overtime compensation at time and one-half employees' regular rates for hours worked beyond 40 in a week. Additionally, the employer failed to maintain accurate records of hours worked and wages paid.

"Low-wage workers deserve the full protection of federal labor laws," said Sandra Sanders, director of the division's Nashville District Office. "The Wage and Hour Division will continue to ensure that these workers, including employees of both full- and limited-service restaurants, receive their full pay, and employers who follow the law do not face unfair competition from those who ignore it. This lawsuit illustrates that the division will use every enforcement tool necessary to resolve cases in which vulnerable workers have been exploited."

The suit has been filed by the department's Office of the Solicitor in the U.S. District Court for the Middle District of Tennessee, Nashville Division.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work, from the beginning of the first principal work activity to the end of the last principal activity of the workday. Additionally, the law requires that accurate records of employees' wages, hours and other conditions of employment be maintained.

Accessible and searchable information on enforcement activities by the Department of Labor is available athttp://ogesdw.dol.gov/search. Publicly available enforcement data are also available through the free mobile application "Eat Shop Sleep," which enables consumers, employees and other members of the public to check if a hotel, restaurant or retail location has been investigated by the Wage and Hour Division, and whether FLSA violations were found. The app is available at http://www.dol.gov/dol/apps/winners.htm.

The division's Nashville office can be reached at 615-781-5343. Information on the FLSA and other wage laws is available by calling the division's toll-free helpline at 866-4US-WAGE (487-9243) or by visiting http://www.dol.gov/whd/.

Solis v. Los Arcos Seafood & Grill Inc., doing business as Los Arcos Mexican Grill & Seafood, and Jose Gutierrez Jr. and Martin Romo


Read More on "Wages"
Nov 14, 2012
The U.S. Department of Labor has recovered more than $213,000 in back wages for 1,028 foreign students employed in summer jobs in Palmyra where they repackaged candies for promotional displays. The settlement with ...
Jan 20, 2012
pilot, pay more than $1 million in back wages and damages. OSHA found airline violated whistleblower protection provision of AIR21. The U.S. Department of Labor's Occupational Safety and Health Administration has ...
May 01, 2012
Wal-Mart Stores Inc., headquartered in Bentonville, Ark., has agreed to pay $4,828,442 in back wages and damages to more than 4,500 employees nationwide following an investigation by the U.S. Department of Labor's ...
May 08, 2011
A lawsuit was filed last week against major players in the dot-com field for fixing employees wages. An employee's wage is a determining factor in workers' compensation claims to ascertain scheduled rates of compensation ...
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Thursday, September 13, 2012

NJ Maximum Disability to Increase 2% to $826.00 Per Week

NJ's workers' compensation disability rates are scheduled to increase in 2013 to a maximum rate of $826.00 per week. The NJ workers' compensation rate is mandated by statute and the the increase from $810. per week paid in 2012 is adjusted based upon the States' Average Weekly Wage (SAWW). The 1979 amendments to the act adjusted the then $40.00 maximum rate based upon the SAWW formulate to keep payments inline with actual salaries.

Click here to read the NJ Register Notice

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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.


More about temporary disability
Aug 13, 2012
An employer cannot stop paying workers' compensation benefits merely because the injured worker was awarded Social Security Disability benefits. In fact, the premature termination of temporary disability benefits was ...
Jul 27, 2012
If an employee is not absent from work, temporary compensation benefits are not payable. An employee may be entitled to multiple periods of temporary disability benefits as a result of a particular injury. When there is a ...
Jan 29, 2012
Universally workers' compensation temporary disability benefits are set calculating wages at the time of the accident. If an employer miscalculates an employee's wages then the payment of temporary disability benefits paid...
Jul 06, 2010
"The compensation judge correctly ordered continued temporary disability benefits from November 9, 2006 through February 17, 2007, "the period of time when [Schock] was unable to proceed with an authorized anterior ...