new york wage hour lawyer

New York Manual Worker: You Must Be Paid Weekly

How Often Should I Be Paid if I Perform Manual Work?

Unless your employer has authorization from the New York Commissioner of Labor (and, among other things, employs at least 1,000 workers in New York) or is a non-profitmaking organization, employees who perform manual work need to be paid weekly within seven days of the work

New York City Employers That Pay Off the Books Are (Probably) Crooks

If you are being paid off the books, in cash or via personal check, your employer may be breaking the law. And you might be entitled to compensation.

Are you being paid off the books? Chances are, your employer is breaking New York wage and hour law. Just by failing to provide you with notifications regarding your wages and legally compliant pay stubs, your employer is breaking the law.

I am being forced to work off the clock. What should I do?

In general, an employee’s “hours worked” include all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. All employees must be paid for all time worked. So if your employer is forcing you to work off the clock, you may be entitled to additional compensation (even if you are paid a salary).

The Companionship Exemption

Effective January 1, 2015, the Federal Fair Labor Standard Act’s minimum wage and overtime protections will extend to workers who provide essential home care assistance to elderly people and people with illnesses, injuries or disabilities. The revisions to the law narrow the definition of “companionship services” (and therefore limit the use of the companionship exemption) and prohibit third party agencies or home health care companies from claiming the companionship exemption

Paralegal Sues Bankruptcy Firm Over Wrongful Termination

It happens. Sometimes you end up working through lunch. Your boss is pressed for time on a deadline and needs you to lend a hand. When this happens, though, you should be compensated appropriately for your time. Unfortunately, that was not the case according to Carla Muskrath. After more than four years working as a paralegal for California bankruptcy law firm, Simon Resnik & Hayes LLP, Plaintiff was fired and has filed a wrongful termination lawsuit as a result.

Apple Retail Workers Sue Over Unpaid Wages, Overtime

Many retail stores require security bag checks of employees as they are leaving the store on break or ending their shift. But, stand and wait for the inspection for up to 10 minutes when you’re supposed to be getting a break or going home? Many employees find it unfair, but that’s exactly what two former Apple retail store employees are alleging.

Courts Rule Alien Workers Have Rights Under FLSA

In March, 2013 Eleventh Circuit Court of Appeals held that “there is nothing in the [Fair Labor Standards (“FLSA”)] that would allow us to conclude that undocumented aliens, although protected by the Act, are nevertheless barred from recovering unpaid wages thereunder.” Lamonica v. Safe Hurricane Shutters, Inc. An undocumented alien’s “ability to recover unpaid wages under the FLSA does not depend upon his immigration status.”

Business Owner Found Personally Liable, Employment Law Case Study

The ruling issued by the US Court of Appeals for the Second Circuit against John Catsimatidis is an eye-opener to employers and business owners across the US. By holding Gristedes Supermarket owner, John Catsimatidis, personally liable for a Fair Labor Standards Act class action suit, the Court fundamentally redefined the meaning of ‘employer’ under FLSA guidelines. This ruling sets a new precedence that broadens the interpretation of ‘employer’ and District Courts may now apply this analysis in other contexts, which could have a significant impact on future cases.

Unpaid Internships: Legal Ramifications in New York

Unpaid Internships: Legal Ramifications in New York

The legal ramifications of hiring unpaid interns in New York and elsewhere are making many businesses sit up and take notice.

Two former interns suing Condé Nast Publications have the corporate community in an uproar with rumors of doom and gloom and lawsuits to come as unpaid interns begin challenging labor laws and intern policies.