Articles Posted in Wage and Hour

Through the Fair Labor Standards Act (FLSA), Congress enacted laws which set minimum wage and overtime pay requirements for employers. The Department of Labor is authorized to issue further guidance about the law, to implement additional rules concerning overtime and minimum wage, and to enforce compliance with the rules and regulations. On September 24, 2019,…

On May 1, 2019, United States District Court Judge Joan M. Azrack issued an ordered in a wage theft case filed by Long Island employment lawyers Famighetti & Weinick, PLLC in the Eastern District of New York. The case alleged that a Long Island food delivery service failed to pay overtime wages to two employees…

The Fair Labor Standards Act is the federal law which sets minimum wage and requirements for employers to pay overtime to workers. The law also establishes rules under which employees may be exempt from the overtime requirements. On March 7, 2019, the United States Department of Labor proposed a rule which would alter the current…

Internships offer students the opportunity for hands on supervised learning experiences in their particular field of study. But, must companies pay their interns? This question has been the subject of fierce litigation for several years and a matter considered by New York’s federal appellate court. On February 5, 2019, the Second Circuit Court of Appeals…

Unpaid wage and overtime claims are on the rise across New York. There is no question that companies can be legally on the hook for lawsuits alleging the business did not pay its employees properly. But, can corporate shareholders and owners be personally liable, also? Today’s Long Island employment law blog discusses this issue, including…

A New York company operates a website whereby users can place delivery orders from local stores and restaurants. The company uses couriers to pick up the orders and deliver them to the customers. Are these couriers employees under New York law? Today’s Long Island employment law blog discusses how a New York appellate court came…

Employers in New York cannot willfully turn their backs to the state’s minimum wage and overtime laws and expect to get away with it. Courts or the Department of Labor are likely to impose hefty fines or penalties. Today’s employment law blog discusses the penalties employers on Long Island and in the rest of the…

Unpaid wage and overtime lawsuits are often brought as class actions or collective actions. This way, many employees can band together and use the power of numbers to take on powerful corporations. But, on May 21, 2018, The U.S. Supreme Court practically slammed its doors directly in employees’ faces while providing an easy escape route…

The federal Fair Labor Standards Act (“FLSA”) and the New York State Labor Law (“NYLL”) require employers to pay employees overtime whenever they work over 40 hours in a workweek. The overtime pay rate, under both laws, is 1.5 times the regular rate of pay. So, for example, if an employee’s regular hourly rate is…

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based on, among other reasons, the employee’s race, religion, national origin, and sex. Title VII also protects employees from retaliation by their employer for reporting or opposing the employer’s discriminatory actions. Before bringing an employment discrimination case, however, the employee…