Chipotle is currently embroiled in a multi-year wage theft lawsuit. In 2014, approximately 10,000 current and former Chipotle employees filed a class action lawsuit alleging the company failed to compensate employees for work they performed “off the clock”. The employees further claim these off the clock hours are required by Chipotle to meet company-wide labor and payroll budgets. Chipotle responded that 2,814 of the workers should be dismissed from the lawsuit because their employment contracts include a waiver or their right to join class action lawsuits and an agreement to resolve all disputes via arbitration. The United States Supreme Court issued a ruling last month which lends support to…
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How Do Lawyers Get Paid, Anyway?
Retainers, contingency fees, flat fees…what does it all mean? These are the most common methods of paying lawyers. Some stick to one fee structure while others employ a variety. The type of law they practice usually dictates how a lawyer is paid. Estate planners and family law attorneys often charge flat fees for some of their services. Personal injury attorneys generally work on a contingency basis. Criminal defense lawyers and civil litigators often take retainers and charge an hourly rate. There are exceptions to these generalizations, of course, and other factors apply, such as the simplicity or complexity of a case, and how many hours it may take. …
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Independent Contractors vs. Employees: Classifications, Considerations, Consequences, and Cases
Whether a person is an independent contractor or an employee has important legal implications. The distinction affects the rights of the independent contractor/employer, income taxes, and the liabilities of both employer and worker. Considerations In determining the worker’s classification, courts look at the facts surrounding an employment relationship and ask the following questions:[1] Does the company control what the worker does and how they do it? How is the worker paid? Are expenses reimbursed? Who provides the tools/supplies? Are there written contracts? Are there employee benefits? Is the work performed an integral part of the business? Does the…
