Working overtime but not getting paid for it? Classified as “exempt” but doing the same work as hourly employees? Told you’re an independent contractor when you should be an employee? You’re not alone, and these situations often violate federal wage and hour laws. The Fair Labor Standards Act (FLSA) guarantees
Is it an “Abuse of Process” to Sue My Employer for Back Pay? Unless an employee meets certain exemptions defined by law, he or she is entitled to overtime pay if they work more than 40 hours in a given workweek. This is a pretty straightforward legal principle, yet far
There are many situations in which a claim for employment discrimination or overtime and wage hour violations are subject to a binding arbitration agreement. Many employees are asked to sign such agreements as a condition of employment. Even employees who do not directly sign an arbitration agreement may still be bound by one if
If you plan to pursue a legal claim against your current or former employer for an overtime and wage hour violation, it is critical to get your facts straight. Many employers do not keep complete records of how much they pay their workers, despite the fact that they are required to
Overtime and wage hour violations are governed by both federal and state law. This has led to some confusion as to the types of damages an employee can seek against an employer. This past April we discussed a decision by the U.S. Second Circuit Court of Appeals here in New York, Rana v. Islam,
One way that New York State law protects you from potential overtime and wage-hour violations is by requiring your employer to provide you with a wage statement, i.e., a pay stub. A wage statement must include basic information about the hours you worked during a given pay period, your regular and overtime
Tipping has long been an integral part of American restaurant culture–so much so that a “tip credit” is built into the minimum wage laws. In New York City, for example, employers with 10 or fewer workers may apply a $3.00 per hour tip credit towards the minimum wage paid to food
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