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
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
Independent Contractor vs. Employee Exotic Dancers Recover $1.55M in Misclassification Case Clincy v. Galardi South Enterprises, Inc. was brought by a group of exotic dancer/entertainers who alleged that they had been misclassified as independent contractors rather than employees. The Defendants required that the dancers pay a fee to the club
Answering the issue of whether strippers and exotic dancers are independent contractors or employees, in a case entitled Thompson v. House, Inc., the United States District Court for the District of Columbia ruled that exotic dancers in a Washington, DC gentleman’s club were employees and not independent contractors. The judge
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
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
For severance agreements offered to employees who are 40 years old and over, the Older Workers Benefit Protection Act (OWBPA) forbids discrimination by employers based on age. The OWBPA also protects employees from being coerced or pressured into signing legal waivers of rights under the Age Discrimination in Employment Act
NY Severance Lawyer | NY Severance Agreement A NY Severance Agreement Lawyermay be helpful in identifying and discussing with you potential issues in your NY Severance Agreement and answering any questions you may have related to your NY Severance Agreement. Our NY Severance Agreement Lawyers handle NY Severance Agreements from
It is extremely important to understand all of the terms of your New York severance agreement and the impact that the terms of the severance agreement will have on you in the future. Before you sign your New York severance agreement, here are a few things you should consider: Please contact
A National Labor Relations Board Administrative Law Judge ruled last week that a Chicago area car dealership did not wrongfully terminate an employee for his Facebook postings. However, Judge Joel P. Biblowitz also found that the dealership had an overly broad employee policy, and ordered posting of a notice informing
