Failure to Pay Overtime in NY | Failure to Pay Overtime NJ
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. […]
Q&A: NY Overtime Law | NY Overtime Pay
Do I have an overtime claim? If you think that you may have an overtime claim, chances are that you do. Below are a few frequently asked questions about New York Overtime Law that can help you to determine whether you have an overtime claim or a claim under the Fair Labor Standards Act (“FLSA”) […]
Unpaid Internships: Legal Ramifications in New York
The legal ramifications of hiring unpaid interns in New York and elsewhere are making many businesses sit up and take notice. Two former interns suing Condé Nast Publications have the corporate community in an uproar with rumors of doom and gloom and lawsuits to come as unpaid interns begin challenging labor laws and intern policies. […]
Business Owner Found Personally Liable, Employment Law Case Study
The ruling issued by the US Court of Appeals for the Second Circuit against John Catsimatidis is an eye-opener to employers and business owners across the US. By holding Gristedes Supermarket owner, John Catsimatidis, personally liable for a Fair Labor Standards Act class action suit, the Court fundamentally redefined the meaning of ‘employer’ under FLSA […]
Courts Rule Alien Workers Have Rights Under FLSA
In March, 2013 Eleventh Circuit Court of Appeals held that “there is nothing in the [Fair Labor Standards (“FLSA”)] that would allow us to conclude that undocumented aliens, although protected by the Act, are nevertheless barred from recovering unpaid wages thereunder.” Lamonica v. Safe Hurricane Shutters, Inc. An undocumented alien’s “ability to recover unpaid wages […]
Apple Retail Workers Sue Over Unpaid Wages, Overtime
Many retail stores require security bag checks of employees as they are leaving the store on break or ending their shift. But, stand and wait for the inspection for up to 10 minutes when you’re supposed to be getting a break or going home? Many employees find it unfair, but that’s exactly what two former […]
New York Lawyer Debunks 5 Overtime Myths
Overtime Law Basics Basics – Five Common Misconceptions About Overtime Law This is the first in our ongoing series of overtime law basics. Below, we go through some of the most common misconceptions about overtime law. You should educate yourself about your rights as an employee. Especially when it comes to how you should get […]
Do I get my final paycheck in New York if I quit or get fired?
Final Paycheck in New York – must be paid on next scheduled payday. The New York Labor Law (section 191) has clear-cut rules for how final payment for wages, including salary and bonuses, are to be submitted to employees who leave their job or who are terminated. The New York Labor Law states that all […]
Can you get overtime if paid salary?
ARE YOU ENTITLED TO OVERTIME IF PAID SALARY? MAYBE. How you are paid does not impact whether or not you are entitled to overtime. This is true regardless of whether you are paid by the hour, by the day or by the week. It also holds true if you are paid an annual salary. What […]
The Companionship Exemption
Effective January 1, 2015, the Federal Fair Labor Standard Act’s minimum wage and overtime protections will extend to workers who provide essential home care assistance to elderly people and people with illnesses, injuries or disabilities. The revisions to the law narrow the definition of “companionship services” (and therefore limit the use of the companionship exemption) […]