Articles Posted in Wage and Hour

Under New York Labor 191, employers are required to pay manual workers every week. But, what happens if an employer pays all the wages that are due to an employee, but pays them late? For example, if an employer pays a manual worker every other week, can the employee sue the employer for violating the…

New York Labor Law 195, known as the Wage Theft Prevention Act or WTPA, requires that employers in New York do two things: (1) upon an employee’s hire, the employer must provide the employee with a wage notice, identifying information such as the employee’s regular rate of pay and overtime rate of pay; and (2)…

On August 25, 2023, the United States Court of Appeals for the Second Circuit upheld a judgment of $17.78 million which was rendered in favor of EMTs and Paramedics who worked for the City of New York. The case arose based on the EMTs’ and Paramedics’ allegations that they worked overtime hours, but were not…

The Fair Labor Standards Act is a federal law which requires employers to pay certain employees a minimum wage and overtime. Like most laws, the FLSA contains various exemptions. On February 22, 2023, the Supreme Court of the United States issued a decision in the case Helix Energy Solutions Group, Inc. v. Hewitt, an FLSA…

The Fair Labor Standards Act (FLSA) is the federal law which, generally, regulates minimum wage and overtime that employers must provide to employees. Statutes of limitations set the time periods in which a lawsuit must be filed. For the FLSA, the statute of limitations is either two years or three years, depending on whether the…

Federal and New York State laws require that employees be paid minimum wage and overtime. During “normal” times, employers far too frequently violate these laws. Sometimes, employers intentionally skirt wage laws to avoid paying the high costs associated with employee wages. Other times, however, employers try to comply with the law, but they fall into…

Today’s Long Island employment law blog discusses the primary beneficiary test which is used to determine whether an individual is an employee for purposes of being covered by minimum wage and overtime laws. As the prevalence of lawsuits concerning improper payment of wages has continued to rise over the past few years, one area of…

The news headlines are inundated with buzzwords such as sanctuary cities, illegal aliens, and immigration laws. Indeed, “illegal aliens” and immigration issues are at the forefront of political issues confronting the nation. One of the most sensitive areas of employment law which we see at our Long Island employment law firm is the employment of…

The Fair Labor Standards Act requires that employers pay to employees minimum wage and overtime. When employers violate the FLSA’s requirements, employees may sue the employer to recover the unpaid wages. Since 2015 when the Second Circuit Court of Appeals decided Cheeks v. Freeport Pancake House, courts have been required to scrutinize agreements settling FLSA…

The Fair Labor Standards Act (FLSA) is a federal law which requires that employers pay overtime pay to employees. Generally, overtime pay equals one and one half times an employee’s regular rate of pay. But, not all employees are entitled to overtime pay. The FLSA sets forth various exemptions to the overtime pay requirement. One…