Tip pooling is the process of collecting all of the tips earned through the night, by all employees who were on the clock, and then splitting them up evenly. This is vastly different from the more common practice of letting employees keep the tips that were given...
Wage And Hour Claims
DOL proposes increase to FLSA overtime income cap
About 1.1 million workers throughout New York and the rest of the country would qualify to receive overtime time pay if a new rule proposed by the Department of Labor is implemented. The Fair Labor Standards Act requires employers to pay workers overtime when they...
Shulman Kessler LLP proudly announces that Marijana Matura is now a Partner in the firm
Marijana represents employees in both individual and class actions involving wage-and-hour, discrimination , harassment, retaliation, and wrongful termination claims. She is fluent in Spanish and Croatian. Marijana has represented employees across many industries,...
Drivers often don’t get paid for all their work
A basic principle of the American economy is that every employee is entitled to fair pay for their work. So what happens when you bust your hump working overtime, but your boss won't pay you for it? A violation of the law, that's what. You're entitled to get paid for...
Wage disparity in the workplace
At some point, New York employees might learn that they are being paid less than another employee who has less seniority than they do. There are a number of reasons this might be the case and several approaches that employers might take if an employee makes a...
More New York dealership staff may be eligible for overtime
In 2012, service advisers working at a California Mercedes-Benz dealership sued their employer for being wrongly classified as being exempt from overtime pay. The employees' case was dismissed in 2013 by the district court. Following an appeal by the employees, the...
Court rules chef’s overtime case can proceed
New York workers who are not exempt must be compensated for overtime, but sometimes that right must be fought for in court. For example, the U.S. District Court for the Eastern District of Texas has ruled that a hospital chef has the right to go to trial over her...
Emotional distress damages in FLSA claims
A recent appeals court decision could affect employees in New York who are pursuing compensation for violations of the Fair Labor Standards Act. The Fifth Circuit Court of Appeals found that a plaintiff in an FLSA claim could recover damages for emotional injuries...
Trump’s labor pick paid employees less than minimum wage
New York workers who make minimum wage may be interested to learn that President-elect Donald Trump has chosen to nominate Andy Puzder for labor secretary. Puzner, the CEO of Hardee's and Carl's Jr., has a history of violating minimum wage laws. According to a 2014...
Should employees be paid during lunch and break periods
Employees are entitled to compensation for all of the time that they are allowed to work, according to the Fair Labor Standards Act. New York workers should be familiar with what the Department of Labor's regulations states regarding compensation for employees for the...
