In August 2019, New Jersey substantially amended its wage and hour laws in a number of ways, which include tougher civil and criminal liabilities for wage theft. The best way to enforce your rights under the new wage theft law is to consult an experienced employment law attorney. Most provisions of the new law were […]
The U.S. Department of Labor (DOL) has issued its long-anticipated final overtime rule. The new rule, effective Jan. 1, 2020, raises the minimum salary threshold from $455 per week to $684, which is $35,568 annually. Given the far-reaching implications of the new overtime rule, it is crucial for employers to ensure their businesses are in […]
Governor Cuomo recently signed legislation amending the New York Equal Pay Act. The new law, which originally required equal pay for women and men who perform equal work, extends protections to employees based on any protected class under the New York State Human Rights Law (NYSHRL). In addition, the law establishes a lower threshold than […]
If your employer isn’t paying you for all the hours that you’re working and you’re not entitled to be paid a salary, your employers breaking the law. The law requires an employer to pay you for all hours that you work for the employer’s benefit. Does not matter what your scheduled hours are, if you […]
The Fair Labor Standards Act is the federal law that says employees are entitled to be paid minimum wage and overtime equaling time-and-a-half the regular rate for every hour they work over 40. The law begins with presumption that everyone is entitled to overtime and carves out exemptions from that. If you do not fall […]
The question of whether or not you’re going to get paid out accrued and unused vacation if you quit your job is really one that’s gonna be answered by the company policy. So New York has a general rule that employers should pay out accrued and unused vacation however that rule can be trumped by […]
Absent of an employment agreement obligating the employer to pay you severance, there’s no legal requirement for an employer to give you severance. An employer will give you severance really for one of three reasons. It’s required under the contract, good will of trying to help you bridge that gap between your old job and […]
Well, there’s a number of things you could do and obviously coming in, you know, talking to an employment lawyer like the employment lawyers here at Lipsky Lowe. There are definitely causes of action because you have been denied certain things and sometimes what you’re denying is not necessarily wages. Although often times it is […]
When an employer wants to give an employee time off in lieu of or instead of overtime pay we generally refer to that as comp time or compensation time. In 99.9% of the cases that does not work. There are limited exceptions where comp time is permissible. Uou’ll generally see it with civil servants and […]
The difference between an independent contractor an employee can be a very complicated analysis. There are a number of different tests to determine when someone is properly classified as an independent contractor. I like to simplify it when I talk to my clients and the way I simplified is this: If you’re working through a […]
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