In employment law, discrimination and unpaid wage and overtime cases are sometimes brought as class actions. Class actions allow one or more employees to represent a larger group of employees who have been harmed in a similar way as the “class representatives.” By bringing a case as a class action,…
Articles Posted in Wage and Hour
Do I Have to Pay Interns?
Employers often wonder whether they have to pay their interns. This is a question courts have also grappled with over the past few years. Today’s Long Island employment law blog explores the question of whether interns are employees, requiring that employers pay them at least minimum wage. Employees Must be…
Arbitrating Employment Wage Cases
Many employers include an arbitration clause in their employment contracts. An employee who signs this contract, gives up his or her right to sue in court over any job-related issues that may arise such as claims for wrongful termination, minimum wage payment violations, and overtime pay violations. Today’s employment law…
$39,541 Judgment Obtained for Worker
On October 25, 2017, Long Island employment lawyers Famighetti & Weinick, PLLC obtained a $39,541 judgment for their client, a former cook in a restaurant. The lawsuit, filed in Supreme Court, New York County, alleged that the restaurant did not pay the client overtime and failed to provide with her…
Judge Grants FW’s Motion in Potential Class Action Case
Long Island employment lawyers, Famighetti & Weinick, PLLC, represented a Long Island limousine company accused in a class action lawsuit of not paying its employees’ tips and overtime. On September 15, 2017, a Nassau County Supreme Court justice granted F&W’s motion to dismiss the case. The situation is discussed below.…
Judge Recommends FW Client be paid $30,380
In October 2015, Long Island employment lawyers, Famighetti & Weinick, PLLC, filed a lawsuit alleging that a Long Island gas station did not pay their client overtime for the 35 hours per week that he worked overtime. The firm also alleged that the gas station did not provide the client…
Independent Contractor or Employee
Whether a worker is an independent contractor or an employee is a question with important implications. Employers who misclassify their workers may be liable for workers’ compensation penalties, wage and overtime claims, and unemployment insurance penalties. Simply paying an employee on a 1099 does not mean that the worker is…
Fair Workweek in New York City
On May 30, 2017, New York City passed a new law that will affect the retail and fast food industry in the city. This new law, which will be effective on November 26, 2017 includes five separate bills and is part of the Fair Workweek legislation package signed by Mayor…
Teacher Overtime Case Decided
Are teachers in educational settings other than primary schools, secondary schools, or colleges entitled to receive minimum wage for out-of-classroom work and/or overtime pay when their classroom and out-of-classroom work exceed forty hours per week? New York’s highest federal court recently said “NO!” The following facts are taken from Fernandez…
Overtime Pay in New York
The Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) require that most employees receive overtime pay for all hours worked over 40 in a workweek. Overtime pay is one and one half times the regular rate of pay. Famighetti & Weinick PLLC are employment lawyers in…