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…
Articles Posted in Wage and Hour
High Income Earners May Be Entitled to Overtime
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,…
Court Rules on Statute of Limitations for Unpaid Wage Cases
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…
Am I Being Paid Properly During Covid?
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…
The Primary Beneficiary Test Strikes Again
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…
Hot Topic Discussion: The Intersection of Immigration, Employment, and Criminal Law
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…
More Judicial Guidance on Settling Unpaid Wage and Overtime Cases
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…
Overtime Exemptions: Are Registered Nurses Exempt From Overtime Pay Requirements?
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…
Breaking News: Court of Appeals Issues Decision Concerning Settling Unpaid Wage Cases
On December 6, 2019, the the United States Court of Appeals for the Second Circuit decided an important case which clarifies the law concerning settling federal wage and hour cases. Today’s Long Island employment law blog takes a look at this decision. In 2015, the United States Court of Appeals…
Department of Labor Updates Overtime Rules
Through the Fair Labor Standards Act (FLSA), Congress enacted laws which set minimum wage and overtime pay requirements for employers. The Department of Labor is authorized to issue further guidance about the law, to implement additional rules concerning overtime and minimum wage, and to enforce compliance with the rules and…