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wage and hour law Archives

DOL releases opinion letters dealing with wages

Some employees in Long Island might be affected by opinion letters issued by the U.S. Department of Labor's Wage and Hour Division. The letters, released on April 12, deal with Title III of the Consumer Credit Protection Act, the Fair Labor Standards Act and the Family and Medical Leave Act.

Employers should pay attention to Second Circuit ruling

New York employers may believe that a worker is exempt from overtime pay if he or she is given a management title. However, the 2nd U.S. Circuit Court of Appeals recently ruled that a man who worked as a building manager could be entitled to such pay under the Fair Labor Standards Act. The man claimed that 90 percent of his duties while working for Total Management Solutions involved cleaning outside of his role as building manager.

Rideshare drivers seek minimum wage guarantee

In the latest battle for fair pay by New York ridesharing drivers, Uber and Lyft employees are seeking oversight from the city to ensure that drivers receive at least minimum wage for their work. The Independent Drivers Guild represents over 60,000 drivers in the city. Originally organized with Uber's support, the organization has since come into conflict with the company on multiple occasions.

Restaurant workers lobby for higher wages

Long Island restaurant workers may start making more per hour since a number of state lawmakers, including Gov. Andrew Cuomo, are considering raising the minimum wage in this industry. New York is one of several states that pays restaurant workers more than the federal minimum of $2.13 per hour but less than the full state minimum wage.

Higher paid workers may be entitled to FSLA mandated overtime pay

The Fair Labor Standards Act requires employers in New York and around the country to pay their workers an overtime rate of at least one and a half times their regular hourly rate when they work more than 40 hours during a standard workweek. The landmark 1938 law does not apply to those who perform professional, administrative or executive duties. However, the FLSA's language does not make clear what is and what is not a white-collar job, and it has been left to the courts to make these decisions when workers file claims over unpaid overtime.

The factors in employee classification cases

The question of whether a particular worker is an employee or an independent contractor is an important one in courts in New York and around the country. In most states, the court will examine a number of factors to determine the status of the worker, with the primary factor being the level of control the business has over the details of the work performed.

Workers cannot be required to repay draws on commission

The Fair Labor Standards Act provides certain protections to workers in New York, including the establishment of a minimum wage and overtime pay rules. Some salespeople who work on commission are paid draws on their future commissions in weeks in which they do not earn at least the minimum wage. These draws are then deducted from their commissions in subsequent weeks in which their pay exceeds the minimum wage. Recently, a federal court found that these types of pay arrangements do not violate the FLSA.

Workers prevail in pay-docking lawsuit for short breaks

New Yorkers are protected under state and federal laws while they are working. Among these laws is a provision that they must be paid for all breaks that last 20 minutes or less. In a recent case in the U.S. Court of Appeals for the Third Circuit, an employer was found to have violated the law by docking workers who took bathroom breaks lasting longer than 90 seconds.

Former Oracle employees seek damages from company

New York residents may heard stories about gender discrimination against female employees in the tech sector. In a lawsuit filed on Aug. 28, three former Oracle employees claimed that the company paid women less than men for performing similar duties. The suit claims that the company either knew or should have known about the pay disparity after a January 2017 lawsuit against Oracle brought by the Department of Justice.

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