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wage and hour law Archives

Driver sues Trump organization for unpaid overtime

A New York City resident who was a personal driver for Donald Trump has filed a lawsuit claiming that he was not paid for more than 3,000 overtime hours in the past six years. Although a driver for the Trump family for 25 years, the statute of limitations limited the number of years that he could seek relief for.

The persistence of the gender pay gap

Some women employees in Long Island may be paid less than their male coworkers for doing the same job. Despite the signing of the Equal Pay Act on June 10, 1963, women still do not make the same amount of money as men. Equal Pay Day recognizes this with a celebration on April 10. This is the amount of time a woman has to work into the new year to make as much money as a man does during the year.

New York tip credit hearings are underway

Public hearings are being held in New York to evaluate the state's minimum wage tip credit. Restaurants and other employers in the Empire State are permitted to pay tipped workers less than the minimum wage, which is currently $12 or $13 depending of the size of the workforce. The first hearing was held in Nassau County on April 20 and chaired by the state's labor commissioner. New York Governor Andrew Cuomo vowed to hold the meetings during his 2018 state of the state address in January.

Some independent contractors might be employees

People in New York who work in gig economy jobs, such as drivers for companies like Lyft and Uber, might get more protection if a ruling in the California Supreme Court is followed by other states. The case before the court there involved a delivery company called Dynamex. In 2004, the company changed its delivery drivers from employees to independent contractors. In a lawsuit filed by some workers, they argued that they should still be classified as employees since they worked exclusively for Dynamex and the company controlled their pay rates, their assignments and what they wore.

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.

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.

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