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Wage and Hour Claims Archives

Trump seeks more time on new rule

New York residents may have heard about a new overtime rule that was set to take effect in December 2016. However, the rule was delayed because of legal challenges, and the Trump administration has asked to push back the deadline to file a legal brief to June 30. If the rule were to take effect, it would raise the salary threshold for exempt workers to $47,476 a year from $23,660.

Google accused of wage gap by DOL

New York residents may be aware of recent allegations of sexism and wage disparity in the tech sector. According to the Department of Labor, women who work at Google face systemic issues when it comes to how they are compensated compared to male employees. According to the DOL, the company has violated federal law by discriminating against female employees when it comes to pay.

Minimum wage to increase in New York and elsewhere

Minimum wage workers in New York will see a rise in pay of up to $4,000 per year as a $15 minimum wage is phased in. It is one of a number of states throughout the country that have approved minimum wages increases, and the movement appears to be growing. Currently, more than 40 percent of employees in the country make less than $15 per hour.

Court orders employer to pay millions in wage and hour lawsuit

New York employees may be interested to learn that wage and hour claims have become increasingly more prominent. In many cases, the claims often involve improper classification of workers as independent contractors, meaning they are often ineligible to receive certain benefits. Other violations often include exempt status, improper break periods and improper wage statements.

New York car wash to pay $154,951 for underpaying workers

A New York car wash has agreed to pay more than $150,000 in restitution for not properly paying its employees, according to a March 23 statement from the state's attorney general. The company is being sanctioned for paying its workers less than the state minimum wage and violating spread of hours regulations. The spread of hours rule requires employers to pay their workers an extra hour of compensation at a rate that meets or exceeds the applicable minimum wage when their shifts last longer than 10 hours.

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 complaint about the issue. It is technically not illegal for an employer to do pay one employee less than another although it could cause morale problems and might leave the employer open to allegations of discrimination if the employee is a member of a protected class.

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 9th U.S. Circuit Court of Appeals reversed the district court's ruling.

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 claims of overtime and retaliation.

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 caused by FLSA retaliation. The decision could make FLSA retaliation claims more expensive for employers to settle.

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.

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