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Wage and Hour Claims Archives

When is overtime pay owed to an employee?

Most employees in New York state are entitled to overtime pay if they work more than 40 hours in a week. This is true even if the hours were not authorized in advance or the employee waives his or her right to overtime pay. Residential employees must work 44 hours in a week before being eligible for overtime pay.

Jimmy John's overreaches with non-compete clause

Jimmy John's sandwich shops in New York and the rest of the U.S. are facing criticism for including within their job applications a non-competition clause. While non-compete agreements are common with upper-level employees and managers, Jimmy John's reportedly requires even delivery drivers and hourly-wage employees to agree to the restriction.

New York intern sues CBS over unpaid internship

A class action lawsuit has been filed by an unpaid intern with CBS "Late Show With David Letterman" on behalf of unpaid interns employed by the company over six years. The plaintiff alleges that the companies minimized labor costs by giving work to unpaid interns that would have otherwise gone to paid employees. The lawsuit claims that CBS and Letterman's production company violated overtime and minimum wage laws. It seeks back pay, overtime pay, interest and attorney fees.

Many New York workers are underpaid and working long hours

Estimates state that New York City employers steal as much as $1 billion annually from workers in unpaid wages. An attorney for the National Employment Law Project says employees may lose $2,500 per year on average. Many are low-wage restaurant workers or undocumented, but employees in all industries and from all backgrounds may be victims of wage theft.

Employee vs. independent contractor

In recent years, exotic dancers have been bringing lawsuits against strip clubs in New York and around the country saying that they were denied a minimum wage and other benefits generally given to employees. Increasingly, courts have agreed with the position that they are employees and not independent contractors. As clubs operate more as legitimate businesses, they have come under scrutiny from the IRS and the Labor Department.

LinkedIn to pay damages and unpaid overtime in New York

U.S. Department of Labor has determined that LinkedIn did not appropriately compensate employees in a variety of states for overtime hours. According to a Labor Department announcement, the company will pay out approximately $6 million in unpaid overtime wages as well as damages to current and former employees in California, Illinois, Nebraska and New York.

New York suit puts McDonald's under further scrutiny

The National Labor Relations Board ruled on July 29 that McDonald's could be named as a joint employer. This would potentially bring the company under closer scrutiny with regard to its labor practices. In March, employees of the company from three different states filed lawsuits alleging that the company used software to control labor costs. If costs were too high at any given point, employees were told to wait before clocking in.

Bills' motion to dismiss lawsuit from cheerleaders denied

A New York Supreme Court judge made a decision during the week beginning on June 30 in a case involving the Buffalo Bills. The team's cheerleading squad, the "Buffalo Jills," is suing the Bills for unfair pay practices. According to the lawsuit, the Jills were not paid for many hours they were required to work and were also subject to fines for uniform violations.

Servers file wage-related class action lawsuit

Everyone deserves to be paid fairly for their work. At the very least, they should be paid the minimum wage, though federal law allows for individuals who receive tips to make less than the hourly minimum wage for tipped work. The rationale is that if they are receiving tips, then those tips will raise their hourly wage to at least the minimum wage. Servers and restaurant workers who are generally tipped, however, may not always be assigned tipped work.

Cheerleader claims New York Jets pay less-than minimum wage

Even though the New York Jets are located right across the river in New Jersey, there are a number of New York fans of the football team. The Jets have been in the news recently because the franchise is accused of paying its cheerleaders far below the minimum wage. As in New York, every New Jersey employer must pay its staff the minimum wage. Even for positions at minimum wage, the pay rate is so low that without further income an employee would be below the poverty line, so it is understanding that employees who aren't even paid minimum wage may be interested in filing wage and hour lawsuits against their employers.

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