Wage theft is one of the most serious financial issues facing workers across America today, and can cost victims thousands of dollars per year. In New York alone, it is estimated that wage theft costs workers approximately $3 billion per year in lost income. But what exactly is wage theft, and how can you protect yourself against it?
The most fundamental part of any employment relationship is the basic notion that a worker will receive wages from his/her employer in exchange for services rendered. That basic concept, however, often leads to conflict and strife, as there are constantly wage and hour disputes between workers and employers about how much they’re owed for the work they put in. Here’s just a handful of common “wage and hour” disputes that happen every day: Continue reading “Four Common Wage and Hour Disputes”
When you get hired for a job, the terms of your employment are supposed to be laid out for you before you agree to be hired. This includes your benefits, your hours, your vacation and sick days, and of course, your wages. However, not every employer will stick to their end of the bargain. Some will choose not to pay overtime or will refuse to pay for all the hours you worked, or they’ll deny you sick days or vacation days that you’re entitled to. Some will refuse to pay you your last paycheck when you leave, and some may “forget” to pay you at all. Continue reading “The Problem of Wage Theft”
The U.S. Department of Labor’s Wage and Hour Division recently proposed a rule that would raise the salary levels for certain employees who are eligible for overtime if they work more than 40 hours per week. It would be the first update in 15 years. Currently, those who make less than $455 per week, or $23,660 a year, are required to be paid overtime if they work more than 40 hours per week. (This has been in effect since 2004.)
Continue reading “U.S. Department of Labor Proposes Increasing 2004 Salary Levels for Overtime Eligibility”
On January 8th of this year, the U.S. Supreme Court denied a petition for certiorari to take another look at the case of DirecTV, LLC v. Hall. The issue in this case was whether or not the Fourth Circuit misinterpreted the Fair Labor Standards Act (FLSA), which ultimately decides minimum wage, overtime pay, recordkeeping, youth employment, and other employment issues. The FSLA issue the Supreme Court declined to hear is joint employment.
Continue reading “The Supreme Court and The Debate Over Joint Employment”
Recently, the U.S. House of Representatives passed a law that allows private-sector employers to allow employees to earn Paid Time Off (PTO) instead of overtime pay. H.R. 1180, the Working Families Flexibility Act of 2017, amends the Fair Labor Standards Act of 1938. Under the act, an employee may receive “compensatory time off at a rate not less than one and one-half hours” for each hour of work that overtime pay is required. This means that, instead of receiving overtime pay in their next paycheck, an employee may earn PTO that they may use at a later date that is approved by the employer.
In November 2014, employees of Alice’s Tea Cup LLC, a Manhattan café chain alleged that during their employment, they were not paid overtime for days when they worked more than 10 hours. Alice’s Tea Cup has three locations in New York City.
Recently, the New York Post reported that Bloomberg, a financial media company, has agreed to pay $3.2 million in a settlement for overtime wages. The Manhattan federal class-action lawsuit was initiated by customer service employees who claimed they were not compensated for overtime.
Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” says a new workplace regulation proposed by President Barack Obama to automatically qualify workers for overtime pay would mean those who work more than 40 hours a week will be fairly compensated.