Fully Compensated for Time Worked? Our Lawyers in Cleveland and NYC can Help
On October 26, 2011, the U.S. Department of Labor announced a settlement with Hilton Reservations Worldwide, LLC, in which the company agreed to pay $715,507 in minimum wages and overtime pay to 2,645 current and former customer service employees in Texas, Florida, Illinois and Pennsylvania. The DOL determined that the company failed to pay workers […]
NY Overtime Pay
Am I entitled to NY overtime pay? Both the New York overtime pay laws (New York Minimum Wage Act) and the Federal Fair Labor Standards Act (FLSA) require that employers pay overtime to those individuals who are not “exempt” from the overtime requirements. A non-exempt employee must be paid time and a half for all […]
NY Wage Theft Prevention Act
Employers Beware: the NY Wage Theft Prevention Act is a Potential Misclassification Minefield! The NY Wage Theft Prevention Act, which became effective April 9, 2011, requires all private sector employers with New York employees (regardless of how many) to provide those employees with a “pay notice” at the time of hire and, subsequently, on a […]
NJ Employment Law Alert
The New Jersey state legislature recently proposed a bill that would increase the state minimum wage to $8.50/hour effective July 1, 2012. This would make New Jersey’s minimum wage the third highest in the country (Washington and Oregon are higher). Although the bill is likely to pass the NJ State Assembly and Senate, it is […]
Overtime Violations and Misclassification IssuesOvertime Violations and Misclassification Issues: Cleveland and New York City Lawyer Offers Insights
OVERTIME VIOLATIONS Unless you are specifically classified as an “exempt” worker, your employer must pay you overtime wages for any hours you work over 40 hours in a workweek (see this prior blog entry). Your employer must pay overtime wages at a rate of at least one and one-half times (150%) your regular hourly rate. […]
Wage & Hour Employment Law for NY Small Business
Small business owners in New York are often so inundated with the day-to-day hustle of increasing revenue, marketing, and actually working, that they often overlook federal and state wage and hour laws. But be warned: failure to properly pay employees can significantly harm your business. However, a few simple pointers will go a long way […]
Administrative Exemption to Overtime Pay
Both the Fair Labor Standards Act (“FLSA”) and the New York Minimum Wage Act (“NYMA”) generally require the payment of overtime wages for work performed after 40 hours per week. For some general information on overtime and misclassification issues, please see our prior blog posts here, here and here. The FLSA and the NYMA exempt […]
Am I Entitled to Overtime? Some Things to Consider…
The Fair Labor Standards Act entitles nearly every employee to time and a half for hours worked over 40 in a workweek — including to people paid a salary rather than an hourly wage. Although research suggests that 80% of employees are entitled to overtime, about 70% of employers are not properly paying employees. Please […]
Failure to Pay Overtime in New York | NY Overtime Law
Most employees are entitled to receive one and a half (1½) times their regular hourly rate of pay for work performed in excess of forty hours per week. All time worked must be counted in calculating overtime including, all work activities and activities before and after a shift, as well as work done at home. […]
Independent Contractor or Employee? Cleveland and New York City Lawyer Clarifies
Independent Contractor or Employee? Far too often, employers erroneously misclassify individuals as independent contractors or employees. In an attempt to save money, many businesses use independent contractors to serve functions typically served by employees. Classifying someone as an independent contractor often means the business does not have to pay minimum wage or overtime to the […]