Jessica, a graphic designer in New York, recently discovered that despite working 50 hours a week, she wasn't receiving any overtime pay. She assumed this was normal as a salaried employee until a colleague opened her eyes to her rights under New York Labor Law. This story highlights a common issue many...
Category: Wage & Hour
Strategies for Negotiating Severance Packages
Losing a job can be a challenging experience, filled with uncertainty and stress. However, a well-negotiated severance package can offer a silver lining, providing financial support and benefits during your transition. Here’s how you can navigate this pivotal moment with strategy and poise.
Understanding Severance Packages
The Off-the-Clock Work Dilemma: Insights from the Perry v. City of New York Case
Every day, countless employees clock out from their official working hours but continue to work off-the-clock. This unrecorded work is a gray area for both employees and employers. However, a recent appellate court ruling has clarified the boundaries of off-the-clock work.
The BackdropIn...
What To Know About Independent Contractor Misclassification
Businesses in New York frequently misclassify employees as independent contractors to avoid minimum wage and overtime requirements. If an employer has misclassified you as an independent contractor, it takes an experienced wage-and-hour lawyer to protect your rights. This article discusses what you need to know about independent contractor misclassification and what...
Wage Theft: Recognizing and Addressing Unlawful Pay Practices
Wage theft is a pervasive problem affecting workers in various industries in New York. These unlawful practices occur when employers deprive employees of their rightful wages. This can involve unpaid overtime, minimum wage violations, and illegal deductions.
Despite federal and state laws protecting workers against wage theft, you need...
How Is Overtime Calculated for Employees Who Are Paid on a Piece Rate Basis?
Piece-rate pay is still a common practice in some industries. Rather than hourly or salary pay, piece-rate workers are paid on the number of units produced within a set period of time. While this sounds straightforward, calculating rates of pay and overtime for piece-rate workers can be complicated. The best way for...
Common Overtime Wage Violations in New York
Under federal and state law, eligible workers are entitled to overtime pay, but overtime violations are commonplace. If you believe your employer has failed to properly pay you overtime, talk to an experienced employment lawyer. Let’s take a look at how employers in New York violate overtime pay rules.
Amendments to New York Labor Law Create Joint Liability for Construction Contractors
In September, New York Governor Kathy Hochul signed into law legislation that makes general contractors jointly and severally liable for any unpaid wages owed to employees of their subcontractors. The law goes into effect on January 4, 2022, and applies to any construction contracts entered into, extended, or amended on or after...
New DOL Rule Expands Tip Pooling to Non-Tipped Workers
On Dec. 22, 2020, the U.S. Department of Labor issued its Final Rule addressing which employees can legally participate in tip pooling under the Fair Labor Standards Act (FLSA).
The rule rolls back an Obama-era regulation that barred tip pooling with back-of-house workers and establishes regulations to enact a...
Golf Caddies: Independent Contractors or Employees?
A common problem at golf clubs throughout New York and New Jersey is the misclassification of caddies and other golf club employees. Caddies are frequently classified as independent contractors and not any wages when they are legally entitled to it. This usually violates the minimum wage and overtime laws. If you believe...