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Wage and Hour Claims Archives

Intern or employee?

they were "interns" or employees for purposes of the exemption from the Fair Labor Standards Act (FLSA). In situations like those involved in the case, employers must pay "employees" for the work they perform, including overtime when applicable. The interns claimed they should receive pay, as they were merely doing "general" work, often completely unrelated to their field of study.

Second Circuit creates new test for unpaid interns

There has been a great deal of litigation recently regarding unpaid interns around the nation and in New York. One of these cases led to a recent decision by the Second Circuit Court of Appeals, where that court has fashioned a new test that can be used by the lower courts to determine if an unpaid internship violates the pay provisions of the Fair Labor Standards Act (FLSA).

Fair compensation for New York fast-food workers back in the news

A few months ago, the hot topic in employment news was the McDonald's announcement regarding wage increases for its fast-food workers. The news was received with elation by thousands of workers across the country who had fought for months to raise wages in an industry that has historically offered little compensation to its workers.

Ruling finds Uber drivers "employees"

You hear talk of the "new economy" or the "sharing economy," often touting the benefits and improvements of new jobs, new industries and new ways of doing old jobs. Companies like Uber are part of that new economy, but sometimes it seems that aside from a few technological changes, the only thing really new about them is that they offer a new way to exploit workers.

Applebee's wants to keep employees out of court

In America, having you day in court is symbolic of one of the more fundamental rights we take for granted, that of being able to go to a impartial court and ask for redress of wrongs. But in many instances, the right is being eliminated under a legalistic concept of contract law.

Steps to improve regulation of the construction industry

The importance of strong government regulation of the labor market is highlighted by the difference between Massachusetts and Connecticut. In Connecticut, there is vigorous enforcement of all relevant requirements to operate as a business, from being registered in the state to payment of workers' compensation and taxes. The Wage and Workplace Standards Division in the state's Department of Labor make numerous on-site investigations, and when they visit one site, they visit multiple locations in the area.

The true cost of wage theft

Wage theft within the construction industry is a major problem for employees, homeowners and the taxpayers. The workers suffer directly, often being shorted for weeks of work or overtime. On many residential home construction projects, the quality of the homes being built is compromised, as workers are rushed, forced to work ever faster and finish more work in less time to avoid being fired.

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