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
In the so-called gig economy, many New Yorkers no longer fully appreciate the legal distinction between an “employee” and an “independent contractor.” There are significant differences, particularly when it comes to overtime and wage-hour laws. To put it simply, workers classified as independent contractors are not subject to federal or state minimum
Does My Employer Have to Pay Me for Time Spent Driving to a Job Site? Federal and state wage hour laws require employers to pay employees a certain minimum wage for every hour worked. But what exactly constitutes “work”? For instance, does your employer have to pay you for time spent commuting
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
New York employers are required to pay overtime to most workers, but there is an important exception for executive and administrative employees–i.e., workers who primarily work in an office or supervise other employees. Under the Fair Labor Standards Act, such employees are exempt from overtime requirements if they are paid a salary
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
Overtime and wage-hour violations are rampant throughout New York’s restaurant industry. Many restaurant workers are deliberately kept in the dark about their minimum wage and overtime rights. While the law does afford restaurant owners a certain degree of flexibility to credit server tips against the minimum wage, that is not a
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