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
Many New York workers, and especially immigrants, struggle to receive fair pay from their employers. Federal and state laws impose minimum wage and overtime requirements. When employers fail to follow the law, the burden is often on the employees to take action and file a lawsuit just to receive the money they
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
Former NYC Car Wash Employees Win $8.5 Million Judgment Against Ex-Employer Everyone knows there are minimum wage laws. Many New York City employers choose to disregard such laws, especially when employing low-skill or foreign-born workers. Such employers simply believe they are free to commit wage hour violations without consequence. Bankruptcy Trustees Settle
The new year brings a number of changes to New York employment law, notably the rules governing the minimum wage. The federal government maintains a nationwide minimum wage of $7.25 per hour but many states, including New York, require higher wages. In fact, for many New Yorkers, the minimum wage is
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
The Fair Labor Standards Act (FLSA) establishes the basic overtime and wage hour rules for employees throughout the country. A key part of these rules deals with which employees are “exempt” from the normal minimum wage and overtime pay requirements. For example, individuals employed in “executive, administrative, or professional” (EAP) roles may
If you work on a public works project–that is, a construction project for a state or local government–you may be covered by New York’s prevailing wage law. The prevailing wage is a complex schedule of wage hour rules that specify how different skilled tradespeople must be paid for their labor. Prevailing wages
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,
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